| In the Matter of Woodrow Flemming Petitioner v Andrew Cuomo as Attorney General et |
| Motion No: 507743 |
| Slip Opinion No: 2009 NY Slip Op 88490(U) |
| Decided on November 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: November 10, 2009
Case # 507743
In the Matter of WOODROW FLEMMING, Petitioner, Respondents. | DECISION AND ORDER ON MOTION |
Motion for permission to proceed as a poor person.
Application for permission to appeal to this Court from
judgment of Supreme Court dated July 31, 2009.
Upon the papers filed in support of the motion 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, only to the
extent that the filing fee required by CPLR 8022 is waived, and it is further
ORDERED that the application for permission to appeal is
referred to Justice Stein, who makes the following decision: Motion denied, without costs, as unnecessary. The judgment sought to be appealed
was appealable as of right (see CPLR 5701 [a] [1]).
CARDONA, P.J., MERCURE, ROSE, MALONE JR. and STEIN, JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court