People ex Rel. Jimmie Lee Allenpetitioner v Joseph T. Smith as Superintendent of Shawangunk Correctional Facility



People ex Rel. Jimmie Lee Allenpetitioner v Joseph T. Smith as Superintendent of Shawangunk Correctional Facility
Motion No: 504733
Slip Opinion No: 2008 NYSlipOp 74831(U)
Decided on June 12, 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: June 12, 2008

Case # 504733


THE PEOPLE OF THE STATE OF NEW YORK ex rel. JIMMIE LEE ALLEN,

Petitioner,

v
JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility,

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 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, 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., SPAIN, ROSE, KAVANAGH and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court