People ex Rel. Jeff Ellisonpetitioner v Fransisco Rivera as Superintendent of Wallkill Correctional Facility.

Motion No: 505498

Slip Opinion No: 2008 NYSlipOp 89064(U)

Decided on November 10, 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: November 10, 2008

Case # 505498

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JEFF ELLISON, 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 application and the motion 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 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., SPAIN, LAHTINEN, KANE and KAVANAGH, JJ., concur.

ENTER:

Michael J. Novack
Clerk of the Court