People ex Rel. Mark Gantt Petitioner v Ada Perez as Superintendent of Downstate Correctional Facility

Motion No: 507488

Slip Opinion No: 2009 NY Slip Op 84390(U)

Decided on September 24, 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: September 24, 2009

Case # 507488

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARK GANTT, Petitioner, v ADA PEREZ, as Superintendent of Downstate 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.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for permission to proceed as 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.
MERCURE, J.P., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court