| In the Matter of Anthony Gillespie Petitioner v W.f. Hulihan as Superintendent of Midstate Correctional Facility et |
| Motion No: 509025 |
| Slip Opinion No: 2010 NY Slip Op 70751(U) |
| Decided on May 5, 2010 |
| 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: May 5, 2010
Case #
509025
In the Matter of ANTHONY GILLESPIE, Petitioner, Respondents. |
|
Motion for permission to proceed as a poor person.
Application for permission to appeal to this Court from
order and judgment of Supreme Court dated February 2, 2010.
Upon the papers filed in support of the motion and the application, and
no papers having been 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 order
and judgment sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
CARDONA, P.J., PETERS, MALONE JR.,
KAVANAGH and STEIN, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court