People ex Rel. Kai Kirbypetitioner v Brian Fisher as Commissioner of the New York State Department of Correctional Services.

Motion No: 503741

Slip Opinion No: 2008 NYSlipOp 63146(U)

Decided on February 1, 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: February 1, 2008

Case # 503741

THE PEOPLE OF THE STATE OF NEW YORK ex rel. KAI KIRBY, Petitioner, v BRIAN FISHER, as Commissioner of the New York State Department of Correctional Services, 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 motion and the application and the papers 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.
MERCURE, J.P., PETERS, SPAIN, CARPINELLO and ROSE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court