| Matter of Johnson v New York State Division of Parole |
| Motion No: 2018-02666 |
| Slip Opinion No: 2018 NY Slip Op 70626(U) |
| Decided on April 26, 2018 |
| 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
M249150
E/rr
REINALDO E. RIVERA, J.P.
MARK C. DILLON
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2018-02666
In the Matter of Kerwin Johnson, petitioner, v New York State Division of Parole, respondent. (Index No. 257/16)
| DECISION & ORDER ON MOTION |
Motion by Kerwin Johnson for leave to appeal to this Court from a judgment of the Supreme Court, Westchester County, dated January 5, 2018, and for poor person relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the judgment is appealable as of right (see CPLR 5701) without prejudice to filing a notice of appeal in accordance with CPLR 5513; and it is further,
ORDERED that the motion is otherwise denied without prejudice to renew after the notice of appeal has been filed.
RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court