In the Matter of Orlando O. Roman Petitioner v Anthony J. Annucci Acting Commissioner of Department of Corrections and Community Supervision et



In the Matter of Orlando O. Roman Petitioner v Anthony J. Annucci Acting Commissioner of Department of Corrections and Community Supervision et
Motion No: 521924
Slip Opinion No: 2015 NY Slip Op 91844(U)
Decided on November 24, 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: November 24, 2015
521924


In the Matter of ORLANDO O. ROMAN,
Petitioner,
v
ANTHONY J. ANNUCCI, Acting Commissioner of Department of Corrections and Community Supervision, et al.,
Respondents.


DECISION AND ORDER
ON MOTION


Application for permission to proceed as a poor person.

Motion for permission to appeal to this Court from order of Supreme Court, Chemung County, entered October 5, 2015.

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

ORDERED that the application for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fee required for the motion for permission to appeal (see CPLR 8022) is waived, and it is further

ORDERED that the motion for permission to appeal is referred to Justice Devine, who makes the following decision: Motion denied, without costs, as unnecessary. The order sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
Peters, P.J., McCarthy, Lynch and Devine, JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court