Appellate Division: Second Judicial Department

M63636

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ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-08919 The People ex rel., Clarence Green, appellant, v Harold D. Graham, etc., respondent. (Index No. 114/91)

DECISION & ORDER ON MOTION

Separate motions by the appellant for leave to appeal to this court from so much of an order of the Supreme Court, Kings County, entered August 3, 2007, as denied his application for a writ of habeas corpus, and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motions, the papers filed in relation to the motion for leave to prosecute the appeal as a poor person, and the papers filed in opposition to the motion for leave to appeal, it is

ORDERED that the branch of the motion for poor person relief which is for leave to prosecute the appeal on the original papers is granted; the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, and the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion poor person relief which are to waive the filing fee and for free transcripts are denied; and it is further,

ORDERED that the motion for leave to appeal to this Court is denied as unnecessary, as the order is appealable as of right.

SPOLZINO, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court