People ex Rel. Mark Anderson Petitioner v New York State Department of Correctional Services et Al

Motion No: 504261

Slip Opinion No: 2008 NYSlipOp 70030(U)

Decided on April 11, 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: April 11, 2008

Case # 504261

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARK ANDERSON, Petitioner, v NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents. (And Another Related Proceeding.)

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person.

Application for permission to appeal to this Court from order and judgment dated January 30, 2008.

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

ORDERED that the application for permission to appeal is referred to Justice Peters, who makes the following decision: Motion denied, without costs, as unnecessary. The order and judgment sought to be appealed was appealable as of right (see CPLR 7011).
CARDONA, P.J., MERCURE, PETERS, CARPINELLO and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court