| PEOPLE EX REL. ROBIN SMITH V PHILIP C. POVERO, SHERIFF OF THE COUNTY OF ONTARIO, OR OTHER PERSON HAVING CUSTODY OF |
| Motion No: OP 08-02383 |
| Slip Opinion No: 2008 NYSlipOp 91717(U) |
| Decided on December 10, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. OP 08-02383
| PEOPLE OF THE STATE OF NEW YORK EX REL. ROBIN SMITH, PETITIONER,
V PHILIP C. POVERO, SHERIFF OF THE COUNTY OF ONTARIO, OR OTHER PERSON HAVING CUSTODY OF ROBIN SMITH,
RESPONDENT. |
Relator having moved for permission to commence a habeas corpus proceeding in this Court as a poor person,
Now, upon reading and filing the affirmation of Marc Infantino dated October 19, 2008, the proposed order to show cause with proof of service thereof, the petition verified October 20, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for permission to proceed as a poor person be, and the same hereby is, granted, and the petition is accepted for filing, respondent shall file and serve a return pursuant to CPLR 7008 on or before January 5, 2009, relator may file and serve a reply on or before January 16, 2009, and the proceeding is added to the January 23, 2009 day calendar of the Court.
Entered: December 10, 2008
JoAnn M. Wahl, Clerk