| People ex rel. Hayden v Ercole |
| Motion No: 2008-07394 |
| Slip Opinion No: 2008 NYSlipOp 84454(U) |
| Decided on September 30, 2008 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M76315
E/sl
ROBERT A. LIFSON, J.P.
DAVID S. RITTER
HOWARD MILLER
RUTH C. BALKIN, JJ.
|
2008-07394 The People, etc., ex rel. Robert Hayden, petitioner, v Robert Ercole, respondent.
| DECISION & ORDER ON MOTION |
Application by the petitioner for a writ of habeas corpus and for poor person relief.
Upon the papers filed in support of the application and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,
ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.
LIFSON, J.P., RITTER, MILLER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court