People ex rel. Cornelius v Warden, A. Bailey
Motion No: 2013-08092
Slip Opinion No: 2013 NY Slip Op 88472(U)
Decided on October 16, 2013
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M163842

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-08092

The People, etc., ex rel. Jamell Cornelius,

petitioner, v, Warden A. Bailey, etc., respondent.

DECISION & ORDER ON APPLICATION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

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

ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b); and it is further,

ORDERED that the application is otherwise denied as academic (see People ex rel. Simmons v Harrehand, 49 AD3d 413).

RIVERA, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court