People ex rel. Pantoja v Amicucci
Motion No: 2007-10792
Slip Opinion No: 2007 NYSlipOp 87075(U)
Decided on December 20, 2007
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

M64022

E/nl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

DANIEL D. ANGIOLILLO, JJ.

2007-10792

The People, etc., ex rel., Rafael M. Pantoja,

petitioner, v Anthony Amicucci, 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 no papers having been filed in opposition or in relation 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court