| People ex rel. Mitchiner v Gerbing |
| Motion No: 2019-04768 |
| Slip Opinion No: 2019 NY Slip Op 71902(U) |
| Decided on June 5, 2019 |
| 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
M263278
E/mm
WILLIAM F. MASTRO, J.P.
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2019-04768 D The People, etc., ex rel. Nathaniel Mitchiner, petitioner, v Kathleen G. Gerbing, 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 no papers having been filed in opposition or in relation 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.
MASTRO, J.P., MALTESE, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court