THE PEOPLE EX REL., CASSANDRA RONK, 21-G-0208 V S. SQUIRES, SUPERINTENDENT OF ALBION CORRECTIONAL FACILITY
Motion No: KAH 23-00059
Slip Opinion No: 2023 NY Slip Op 62767(U)
Decided on February 23, 2023
Appellate Division, Fourth 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.


February 23, 2023

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND MONTOUR, JJ.

KAH 23-00059

THE PEOPLE OF THE STATE OF NEW YORK EX REL.,

CASSANDRA RONK, 21-G-0208, PETITIONER-APPELLANT,

V

S. SQUIRES, SUPERINTENDENT OF

ALBION CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.


Petitioner having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court, Orleans County, entered August 18, 2022, and for assignment of counsel,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for permission to proceed as a poor person is denied, and

It is further ORDERED that insofar as it seeks assignment of counsel is dismissed.

Memorandum: Petitioner has failed to set forth sufficient facts to demonstrate merit to the appeal, inasmuch as she "has been released from custody and, therefore, her liberty is no longer restrained to such a degree as to entitle her to the extraordinary writ of habeas corpus" (People ex rel. McGann v Ross, 91 NY2d 865, 865 [1997]; cf. People ex rel. McManus v Horn, 18 NY3d 660, 663-664 [2012]).

Entered: February 23, 2023

Ann Dillon Flynn

Clerk of the Court