Opinion
Motion No: 528536
04-19-2019
In the Matter of BRUCE SWEEPER, Petitioner, v. NEW YORK STATE, M. KIRKPATRICK, SUPERINTENDENT, CLINTON ANNEX, Respondent.
DECISION AND ORDER ON MOTION
Motion for permission to appeal and for permission to proceed as a poor person.
Upon the papers filed in support of the motion, 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 motion for permission to appeal (see CPLR 8022) 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 was appealable as of right (see CPLR 5701 [a] [1]).
Egan Jr., J.P., Lynch, Clark and Devine, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court