In the Matter of Courtney Kelly Petitioner v Donald Selsky as Director of Special Housing and Inmate Disciplinary Programs

Motion No: 503238

Slip Opinion No: 2007 NYSlipOp 82696(U)

Decided on October 30, 2007

Appellate Division, Third 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.

Decided and Entered: October 30, 2007

Case # 503238

In the Matter of COURTNEY KELLY, Petitioner, v DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person and for assignment of counsel.

Motion for permission to appeal to this Court from order of Supreme Court dated August 10, 2007.

Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee required by CPLR 8022 is waived, and it is further

ORDERED that the motion for assignment of counsel is denied, without costs, and it is further

ORDERED that the motion for permission to appeal is referred to Justice Kane, who makes the following decision: Motion denied, without costs, as unnecessary. The order sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
CARDONA, P.J., MERCURE, CREW III, PETERS and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court