People ex Rel. Ralph Oyague Petitioner v Steven Racette as Warden/superintendent of Clinton Correctional Facility.

Motion No: 521485

Slip Opinion No: 2015 NY Slip Op 87648(U)

Decided on October 15, 2015

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: October 15, 2015521485

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THE PEOPLE OF THE STATE OF NEW YORK ex rel. RALPH OYAGUE,

Petitioner,                      
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
STEVEN RACETTE, as Warden/Superintendent of Clinton Correctional Facility,

Respondent.
                                                       
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Motion for permission to proceed as a poor person.

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

Application for assignment of counsel.

Upon the papers filed in support of the motion and the applications, 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, only to the extent that the filing fee for the application for a writ of habeas corpus (see CPLR 8022) is waived, and it is further

ORDERED that the applications for a writ of habeas corpus and for assignment of counsel are denied, without costs.

Lahtinen, J.P., Lynch, Devine and Clark, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court