People ex Rel. Michael Curry Petitioner v Fransisco Rivera as Superintendent of Wallkill Correctional Facility



People ex Rel. Michael Curry Petitioner v Fransisco Rivera as Superintendent of Wallkill Correctional Facility
Motion No: 505218
Slip Opinion No: 2008 NYSlipOp 84893(U)
Decided on September 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: September 12, 2008

Case # 505218


THE PEOPLE OF THE STATE
OF NEW YORK ex rel. MICHAEL
CURRY,

Petitioner,

v
FRANSISCO RIVERA, as Superintendent of Wallkill 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 the papers filed in opposition 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 application for a writ of habeas corpus is denied, without costs.
CARDONA, P.J., MERCURE, PETERS, CARPINELLO and KAVANAGH, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court