People ex Rel. Earl Hayes Petitioner v Paul Knapp as Superintendent of Lyon Mountain Correctional Facility

Motion No: 507547

Slip Opinion No: 2009 NY Slip Op 85463(U)

Decided on October 2, 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: October 2, 2009

Case # 507547

THE PEOPLE OF THE STATE OF NEW YORK ex rel. EARL HAYES, Petitioner, v PAUL KNAPP, as Superintendent of Lyon Mountain 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.

Motion to dismiss petition.

Upon the papers filed in support of the motions and the application and the papers filed in response 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, and it is further

ORDERED that the motion to dismiss the petition is denied, without costs.
CARDONA, P.J., ROSE, LAHTINEN, KANE and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court