People ex Rel. Kirk Maynor Petitioner v Dale Artus as Superintendent of Clinton Correctional Facility New York State Department of Correctional Services

Motion No: 506263

Slip Opinion No: 2009 NYSlipOp 65808(U)

Decided on March 5, 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: March 5, 2009

Case # 506263

THE PEOPLE OF THE STATE OF NEW YORK ex rel. KIRK MAYNOR, Petitioner, v DALE ARTUS, as Superintendent of Clinton Correctional Facility, New York State Department of Correctional Services, 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.

Upon the papers filed in support of the motion and the application and the papers 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.
CARDONA, P.J., MERCURE, SPAIN, LAHTINEN and MALONE JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court