Butler v. N.Y. State Div. of Parole

Full title: In the Matter of MICHAEL BUTLER, Petitioner, v. NEW YORK STATE DIVISION OF…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Nov 28, 2017

2017 N.Y. Slip Op. 93995 (N.Y. App. Div. 2017)

Opinion

Motion No: 525827

11-28-2017

In the Matter of MICHAEL BUTLER, Petitioner, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

Peters, P.J., McCarthy, Devine and Clark JJ., concur

DECISION AND ORDER ON MOTION

Application for permission to proceed as a poor person.

Motion for permission to appeal to this Court from judgment of Supreme Court, Albany County, dated October 6, 2017.

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

ORDERED that the application 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 Presiding Justice Peters, who makes the following decision: Motion denied, without costs, as unnecessary. The judgment sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).

Peters, P.J., McCarthy, Devine and Clark JJ., concur

ENTER:

Robert D. Mayberger

Clerk of the Court