| In the Matter of Timothy Harnett Petitioner v Brian Fischer as Commissioner of Correctional Services et |
| Motion No: 510513 |
| Slip Opinion No: 2010 NY Slip Op 91059(U) |
| Decided on December 10, 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: December 10, 2010
Case #
510513
In the Matter of TIMOTHY HARNETT, Petitioner, v Respondents. |
DECISION AND ORDER ON MOTION |
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 August 18, 2010.
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 Spain, who makes the following decision: Application denied, without costs, as unnecessary. A judgment in a
proceeding pursuant to CPLR article 78 is appealable as of right (see CPLR 5701 [a] [1]).
CARDONA, P.J., SPAIN, LAHTINEN,
MALONE JR. and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court