| People ex rel. Ross v Warden Duffy |
| Motion No: 2014-08343 |
| Slip Opinion No: 2014 NY Slip Op 88783(U) |
| Decided on November 3, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M182312
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2014-08343 D The People, etc., ex rel. Allen Ross, petitioner, v Warden Duffy, etc., respondent.
| ECISION & ORDER ON APPLICATION |
On the Court's own motion, it is
ORDERED that the decision and order on application dated October 27, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:
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 the papers filed in opposition 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) is waived, and that branch of the application is otherwise denied as academic; and it is further,
ORDERED that the branch of the application which is for a writ of habeas corpus is denied.
DILLON, J.P., CHAMBERS, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court