People ex Rel. Sean Provencher Petitioner v Darwin Leclair as Superintendent of Franklin County Correctional Facility

Motion No: 503534

Slip Opinion No: 2007 NYSlipOp 87790(U)

Decided on December 31, 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: December 31, 2007

Case # 503534

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SEAN PROVENCHER, Petitioner, v DARWIN LECLAIR, as Superintendent of Franklin County Correctional Facility, Respondent.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person.

Application, pursuant to CPLR 7002 (b), for writ of habeas corpus.

Upon the papers filed in support of the application and the motion, 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, to the extent that the filing fee required by CPLR 8022 is waived, and it is further

ORDERED that the application for a writ of habeas corpus is denied, without costs.
CARDONA, P.J., MERCURE, CARPINELLO, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court