In the Matter of Fred Hutzenlaub Petitioner v Brian Fischer as Commissioner New York State Department of Correctional Services

Motion No: 503865

Slip Opinion No: 2008 NYSlipOp 63124(U)

Decided on January 31, 2008

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: January 31, 2008

Case # 503865

In the Matter of FRED HUTZENLAUB, Petitioner, v BRIAN FISCHER, as Commissioner, New York State Department of Correctional Services, Respondent.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person.

Motion for permission to appeal to this Court from judgment of Supreme Court entered September 25, 2007.

Upon the papers filed in support of the motions and the papers filed in response 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 permission to appeal is referred to Justice Lahtinen, who makes the following decision: Motion denied, without costs, as unnecessary. The judgment sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
CARDONA, P.J., PETERS, SPAIN, ROSE and LAHTINEN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court