| People ex rel. Schultz v Bailey |
| Motion No: 2008-08543 |
| Slip Opinion No: 2008 NYSlipOp 85680(U) |
| Decided on October 8, 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
M76855
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
WILLIAM E. McCARTHY
JOHN M. LEVENTHAL, JJ.
|
2008-08543 The People, etc., ex rel. John Schultz, petitioner, v Emmanuel Bailey, 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 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.
FISHER, J.P., COVELLO, McCARTHY and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court