People ex Rel. Robert Jones v Daniel F. Martuscello as Superintendent of Coxsackie Correctional Facility

Motion No: 515589

Slip Opinion No: 2014 NY Slip Op 65013(U)

Decided on February 21, 2014

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: February 21, 2014515589
___________________________________

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT JONES,

Appellant,                      
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
DANIEL F. MARTUSCELLO, as Superintendent of Coxsackie Correctional Facility,

Respondent.
                                                       
___________________________________

Motion for preliminary injunction.

Motion for permission to appeal to the Court of Appeals.

Motion for permission to proceed as a poor person and for assignment of counsel.

Upon the papers filed in support of the motions, 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 fees for the motion for a preliminary injunction and the motion for permission to appeal to the Court of Appeals (see CPLR 8022) are waived, and it is further

ORDERED that the motion for assignment of counsel is denied, without costs, and it is further

ORDERED that the motion for a preliminary injunction is denied, without costs, and it is

ORDERED the motion for permission to appeal to the Court of Appeals is denied, without costs.
Lahtinen, J.P., Stein, McCarthy and Egan Jr., JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court