Opinion
Motion No: 526831
07-09-2018
In the Matter of FRANK GILLARD, Petitioner, v. ANTHONY ANNUCCI et al., Respondents.
DECISION AND ORDER ON MOTION
Motion for permission to proceed as a poor person.
Application for permission to appeal to this Court from order of Supreme Court, Albany County, dated April 26, 2018.
Upon the papers filed in support of the motion and application, 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 fee required for the application for permission to appeal (see CPLR 8022) is waived, and it is further
ORDERED that the application for permission to appeal is referred to Justice Clark, who makes the following decision: Application denied, without costs, as unnecessary. The order sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
Garry, P.J., Devine, Clark and Rumsey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court