In the Matter of Robert Thomas Maloy Iii Petitioner v E. Bell as Superintendent of Clinton Correctional Facility

Motion No: 531496

Slip Opinion No: 2020 NY Slip Op 68577(U)

Decided on July 10, 2020

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 10, 2020 531496

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In the Matter of ROBERT THOMAS MALOY III,                      
                                                       Petitioner,
           v                      DECISION AND ORDER
                      ON MOTION
E. BELL, as Superintendent of Clinton Correctional Facility,
                                                       Respondent.
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Motion for permission to appeal, for permission to proceed as a poor person and for further relief.

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

ORDERED that the motion for permission to appeal is referred to Justice Egan, who makes the following decision: Motion denied, without costs, as unnecessary. The order sought to be appealed is appealable as of right (see CPLR 5701 [a] [1]). It is further

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 motion for permission to appeal (see CPLR 8022) is waived, and it is further

ORDERED that the motion for further relief is denied, without costs.
Garry, P.J., Egan Jr., Mulvey and Reynolds Fitzgerald, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court