People ex Rel. Clyde Burrypetitioner v People of the State of New Yorkrepsondent.



People ex Rel. Clyde Burrypetitioner v People of the State of New Yorkrepsondent.
Motion No: 506176
Slip Opinion No: 2009 NYSlipOp 64045(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 # 506176


THE PEOPLE OF THE STATE
OF NEW YORK ex rel. CLYDE
BURRY,

Petitioner,

v
PEOPLE OF THE STATE OF
NEW YORK,

Repsondent.


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.

Upon the papers filed in support of the motion and application, and no papers having been filed 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.
PETERS, J.P., ROSE, LAHTINEN, KAVANAGH and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court