Opinion
2021-75833 Motion 534017
12-08-2021
THE PEOPLE OF THE STATE OF NEW YORK ex rel. WHIRLEE RUDOLPH, Petitioner, v. LYNN J. LILLEY, as Superintendent of Eastern Correctional Facility, Respondent.
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Motion for permission to appeal to this Court from order of Supreme Court dated August 16, 2021.
Motion for permission to proceed as a poor person.
Upon the papers filed in support of the motions and the papers filed in response 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 by CPLR 8022 for the motion for permission to appeal is waived, and it is further
ORDERED that the motion for permission to appeal is referred to Justice Egan, who makes the following decision: Motion denied, without costs, as unnecessary. The order sought to be appealed is appealable as of right (see CPLR 5701 [a]).
Garry, P.J., Egan Jr., Clark and Aarons, JJ., concur. 1