People ex Rel. Whirlee Rudolph Petitioner v Lynn J. Lilley as Superintendent of Eastern Correctional Facility

Motion No: 534017

Slip Opinion No: 2021 NY Slip Op 75833(U)

Decided on December 8, 2021

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: December 8, 2021534017

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THE PEOPLE OF THE STATE OF NEW YORK ex rel. WHIRLEE RUDOLPH,
                                                       Petitioner,
           v                      DECISION AND ORDER
                      ON MOTION
LYNN J. LILLEY, as Superintendent of Eastern Correctional Facility,
                                                       Respondent.
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Motion for permission to appeal to this Court from order of Supreme Court dated August 16, 2021.

Motion for permission to proceed as a poor person.

Upon the papers filed in support of the motions and the papers filed in response 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 by CPLR 8022 for the motion for permission to appeal is waived, and it is further

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]).
Garry, P.J., Egan Jr., Clark and Aarons, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court