In the Matter of John D. Justicepetitioner v George B. Alexander as Chairman of the New York State Division of Parole.

Motion No: 505914

Slip Opinion No: 2009 NYSlipOp 67774(U)

Decided on March 12, 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 12, 2009

Case # 505914

In the Matter of JOHN D. JUSTICE, Petitioner, v GEORGE B. ALEXANDER, as Chairman of the New York State Division of Parole, Respondent.

DECISION AND ORDER ON MOTION

Motion to proceed as a poor person and to compel production of original record.

Upon the papers filed in support of the motion, 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, only to the extent that the appeal may be perfected upon one copy of a record on appeal and one signed original and six copies of a brief and appendix or seven copies of a record on appeal and one signed original and six copies of a brief, and the filing fees required by CPLR 8022 are waived, and it is further

ORDERED that the motion to compel the production of the original record is denied, without costs.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court