People ex Rel. James C. Heath Petitioner v David Rock Superintendent Upstate Correctional Facility

Motion No: 516891

Slip Opinion No: 2013 NY Slip Op 81237(U)

Decided on July 31, 2013

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: July 31, 2013516891
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THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES C. HEATH,

Petitioner,
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
DAVID ROCK, Superintendent, Upstate Correctional Facility,

Respondent.
                                                       
_______________________________

Motion for permission to proceed as a poor person.

Application, pursuant to CPLR 7002(b)(2), for writ of habeas corpus.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, 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.
ROSE, J.P., STEIN, McCARTHY and SPAIN, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court