| People ex rel. Gibson v Griffin |
| Motion No: 2015-05559 |
| Slip Opinion No: 2015 NY Slip Op 81395(U) |
| Decided on August 10, 2015 |
| 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
M196556
E/sl
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2015-05559
The People, etc., ex rel. Bennie Gibson, petitioner, v Linda Griffin, etc., et al., respondents.
| 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 relation thereto
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 and the petition is dismissed, without costs or disbursements.
The branch of the application which is for a writ of habeas corpus must be dismissed on the ground of lack of jurisdiction (see CPLR 7002[b][2]).
HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court