People ex Rel. Victor Woodard v John W. Burge as Superintendent of Elmira Correctional Facility.

Motion No: 502005

Slip Opinion No: 2008 NYSlipOp 73290(U)

Decided on May 23, 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 23, 2008

Case # 502005

THE PEOPLE OF THE STATE OF NEW YORK ex rel. VICTOR WOODARD, Appellant, v JOHN W. BURGE, as Superintendent of Elmira Correctional Facility, Respondent.

DECISION AND ORDER ON MOTION

Motion for reargument and reconsideration.

Motion for permission to proceed as a poor person.

Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for permission to proceed as a poor person is denied, without costs, as unnecessary as petitioner has already been granted permission to proceed as a poor person on the appeal in this Court, and it is further

ORDERED that the motion for reargument and reconsideration is denied, without costs.
MERCURE, J.P., CARPINELLO, ROSE, KANE and MALONE JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court