People ex Rel. Leon Sherrod Petitioner v D.f. Napoli as Superintendent of Southport Correctional Facility

Motion No: 508184

Slip Opinion No: 2009 NY Slip Op 91041(U)

Decided on December 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: December 10, 2009

Case # 508184

THE PEOPLE OF THE STATE OF NEW YORK ex rel. LEON SHERROD, Petitioner, v D.F. NAPOLI, as Superintendent of Southport 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 haeas corpus.

Upon the papers filed in support of the motion and the application and the papers filed in opposition 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 a writ of habeas corpus is denied, without costs.

CARDONA, P.J., ROSE, MALONE JR., STEIN and GARRY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court