People ex Rel. Marcus Frye Petitioner v Paul Piccolo Superintendent of Southport Correctional Facility

Motion No: 526563

Slip Opinion No: 2018 NY Slip Op 78831(U)

Decided on July 26, 2018

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: July 26, 2018 526563

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THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARCUS FRYE,                      
                                                       Petitioner,
           v                      DECISION AND ORDER
                      ON MOTION
PAUL PICCOLO, Superintendent of Southport Correctional Facility,
                                                       Respondent.
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Application, pursuant to CPLR 7002 (b), for writ of habeas corpus, for assignment of counsel and for further relief.

Motion for permission to proceed as a poor person.

Upon the papers filed in support of the application and the motion, 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 required for the application for a writ of habeas corpus, for assignment of counsel and for further relief (see CPLR 8022) is waived, and it is further

ORDERED that the application for a writ of habeas corpus, for assignment of counsel and for further relief is denied, without costs.
Garry, P.J., McCarthy, Devine and Aarons, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court