Opinion
Motion No: 529379
12-19-2019
In the Matter of ARRELLO BARNES, Petitioner, v. ANTHONY ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
DECISION AND ORDER ON MOTION
Motion to appeal and for refund of filing fee.
Motion for permission to proceed as a poor person.
Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is
ORDERED that the motion to appeal is denied, without costs, and it is further
ORDERED that the motion for a refund of the filing fee for commencing this CPLR article 78 proceeding is denied, without costs, and without prejudice to an application by petitioner in the court of original instance for a refund of said fee, and it is further
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 motion to appeal and for refund of filing fee (see CPLR 8022) is waived.
Garry, P.J., Egan Jr., Aarons, Pritzker and Colangelo, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court