In the Matter of Frank Lapetina v Brian Fischer as Commissioner of Correctional Services and Debra Joy as Director of Temporary Release



In the Matter of Frank Lapetina v Brian Fischer as Commissioner of Correctional Services and Debra Joy as Director of Temporary Release
Motion No: 507843
Slip Opinion No: 2009 NY Slip Op 87388(U)
Decided on October 19, 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 19, 2009

Case # 507843


In the Matter of FRANK LAPETINA, Appellant,

v
BRIAN FISCHER, as Commissioner of Correctional Services and DEBRA JOY, as Director of Temporary Release,
Respondents. (Index No. 2959-09)


DECISION AND ORDER
ON MOTION


Application for permission to proceed as a poor person.

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

ORDERED, that the application 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 the appeal is deemed timely perfected.
CARDONA, P.J., SPAIN, LAHTINEN, KANE and MALONE JR., JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court