People ex Rel. Eric Mccoypetitioner v Dale Artus as Superintendent of Clinton Correctional Facility.

Motion No: 505986

Slip Opinion No: 2009 NYSlipOp 64040(U)

Decided on February 17, 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: February 17, 2009

Case # 505986

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ERIC McCOY, Petitioner, v DALE ARTUS, as Superintendent of Clinton Correctional Facility, Respondent.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person.

Application, pursuant to CPLR 7002 (b) (2), for writ of habeas corpus.

Motion to amend application for writ of habeas corpus.

Upon the papers filed in support of the motions and application and the papers filed in opposition thereto, it is

ORDERED that the motion to amend the application for a writ of habeas corpus is granted, without costs, and it is further

ORDERED that the mtoion 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.
PETERS, J.P., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court