People ex Rel. Fred E. Van Gorderpetitioner v M. Lira Deputy Superintendent et

Motion No: 505228

Slip Opinion No: 2008 NYSlipOp 84871(U)

Decided on September 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: September 11, 2008

Case # 505228

THE PEOPLE OF THE STATE OF NEW YORK, ex rel., FRED E. VAN GORDER, Petitioner, v M. LIRA, Deputy Superintendent, et al., Respondents.

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 the papers filed in opposition to the application, it is

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, to the extent that the filing required by CPLR 8022 is waived, and it is further

ORDERED that the application for a writ of habeas corpus is denied, without costs.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court