People ex Rel. William Nichols Petitioner v D. E. Laclair as Superintendent of Franklin Correctional Facility New York State Department of Correctional Services

People ex Rel. William Nichols Petitioner v D. E. Laclair as Superintendent of Franklin Correctional Facility New York State Department of Correctional Services
Motion No: 505960
Slip Opinion No: 2009 NYSlipOp 61204(U)
Decided on January 15, 2009
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: January 15, 2009

Case # 505960

THE PEOPLE OF THE STATE
OF NEW YORK ex rel. WILLIAM NICHOLS,
Petitioner,
v
D. E. LaCLAIR, as Superintendent of Franklin Correctional Facility, New York State Department of Correctional Services,
Respondent.

DECISION AND ORDER
ON MOTION

Application, pursuant to CPLR 7002 (b), for writ of habeas corpus.

Motion for permission to proceed as a poor person.

Upon the papers filed in support of the motion and the application and the papers filed in response and in opposition thereto, 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., PETERS, KAVANAGH and STEIN JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court