In the Matter of Kevin Livingston v Randy James as Superintendent of Camp Georgetown Correctional Facility et

Motion No: 506312

Slip Opinion No: 2009 NY Slip Op 70467(U)

Decided on April 10, 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: April 10, 2009

Case # 506312

In the Matter of KEVIN LIVINGSTON, Respondent, v RANDY JAMES, as Superintendent of Camp Georgetown Correctional Facility, et al., Appellants.

DECISION AND ORDER ON MOTION

Motion for precalendar conference and to dismiss appeal.

Motion for permission to proceed as a poor person.

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

ORDERED that the motion for a precalendar conference and to dismiss the appeal is denied, without costs, and it is further

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fees required by CPLR 8022 are waived.
PETERS, J.P., MALONE JR., KAVANAGH, STEIN and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court