People ex Rel. Orlando O. Roman Petitioner v Peter Griffin as Superintendent of Southport Correctional Facility

Motion No: 510664

Slip Opinion No: 2010 NY Slip Op 89586(U)

Decided on November 30, 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: November 30, 2010

Case # 510664

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ORLANDO O. ROMAN, Petitioner, v PETER GRIFFIN, as Superintendent of Southport Correctional Facility, Respondent.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person.

Motion for permission to appeal to this Court from order entered September 23, 2010.

Upon the papers filed in support of the motions and the papers filed in response and 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 motion for permission to appeal is referred to Justice Spain, who makes the following decision: Motion denied, without costs, as unnecessary. The order sought to be appealed was appealable as of right (see CPLR 7011).
CARDONA, P.J., MERCURE, SPAIN, KAVANAGH and McCARTHY, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court