People ex Rel. Marshall Tuckerpetitioner v Donita Mcintosh as Superintendent of Bare Hill Correctional Facility

Motion No: 531731

Slip Opinion No: 2020 NY Slip Op 72213(U)

Decided on September 24, 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: September 24, 2020531731

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THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARSHALL TUCKER,                                            Petitioner,
           v                      DECISION AND ORDER
                      ON MOTION
DONITA MCINTOSH, as Superintendent of Bare Hill Correctional Facility,
                                                       Respondent.
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Motion for permission to proceed as a poor person.

Application, pursuant to CPLR 7002 (b), for writ of habeas corpus.

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

ORDERED that the application for a writ of habeas corpus is denied, without costs.

Egan Jr., J.P., Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court