People ex rel. William Mitchell v William Lape, Supt., Marcy Correctional Facility

People ex rel. William Mitchell v William Lape, Supt., Marcy Correctional Facility

Motion No: 1322

Slip Opinion No: 2007 NYSlipOp 63538

Decided on February 22, 2007

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

The People &c. ex rel. William Mitchell, Appellant, v. William Lape, Superintendent, Marcy Correctional Facility et al., Respondents.

On the Court's own motion, appeal dismissed, without costs, upon the ground that no appeal lies from the order of an individual Justice of the Appellate Division (see NY Const, art VI, 3[b]; CPLR 5601).

Motion for leave to appeal dismissed upon the ground that it does not lie from the order of an individual Justice of the Appellate Division (see NY Const, art VI, 3[b]; CPLR 5602).