People ex rel. Burton v Amiccucci
Motion No: 2017-06673
Slip Opinion No: 2017 NY Slip Op 89976(U)
Decided on October 20, 2017
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

M239845

E/afa

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ANGELA G. IANNACCI, JJ.

2017-06673 D

The People, etc., ex rel. Anthony Burton,

petitioner, v Warden A.P. Amiccucci, etc.,

respondent.

ECISION & 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 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.

BALKIN, J.P., LEVENTHAL, AUSTIN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court