People ex rel. Alvarez v Warden
Motion No: 2006-10523
Slip Opinion No: 2006 NYSlipOp 83006(U)
Decided on December 27, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M48604

E/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2006-10523

The People, etc., ex rel. Angel Alvarez,

petitioner, v Warden of George R. Vierno

Center, etc., respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.

KRAUSMAN, J.P., GOLDSTEIN, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court