People ex rel. Caldwell v Rothwell
Motion No: 2024-00943
Slip Opinion No: 2024 NY Slip Op 64422(U)
Decided on March 20, 2024
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M295079

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LILLIAN WAN

CARL J. LANDICINO, JJ.

2024-00943

The People, etc., ex rel. David Caldwell,

petitioner, v Warden Rothwell, etc.,

respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

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

ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied.

BRATHWAITE NELSON, J.P., MALTESE, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court