| In the Matter of Pedro Montalvo Petitioner v New York State Division of Parole |
| Motion No: 504464 |
| Slip Opinion No: 2008 NYSlipOp 71579(U) |
| Decided on May 5, 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: May 5, 2008
Case # 504464
In the Matter of PEDRO MONTALVO, Petitioner, Respondent. | DECISION AND ORDER ON MOTION |
Motion for permission to proceed as a poor person.
Motion for permission to appeal to this Court from order
of Supreme Court dated February 11, 2008.
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 order sought to be appealed was appealable as of right
(see CPLR 5701 [a] [1]).
CARDONA, P.J., MERCURE, CARPINELLO, ROSE and LAHTINEN, JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court