Opinion
Motion No: 521763
12-21-2015
In the Matter of RICHARD CHALK, Petitioner, v. ALBANY COUNTY DISTRICT ATTORNEY'S OFFICE, Respondent.
DECISION AND ORDER ON MOTION
Motion for permission to proceed as a poor person and for assignment of counsel.
Application for permission to appeal to this Court from order and judgment of Supreme Court, Albany County, dated January 8, 2015.
Upon the papers filed in support of the motion and application, and no papers having been 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 for the application for permission to appeal (see CPLR 8022) is waived, and it is further
ORDERED that the motion for assignment of counsel is denied, without costs, and it is further
ORDERED that the application for permission to appeal is referred to Justice Rose, who makes the following decision: Application denied, without costs, as unnecessary. The order and judgment sought to be appealed was appealable as of right (see CPLR 5701 [a] [1]).
Peters, P.J., Garry, Rose and Devine, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court