Opinion
Motion No. CV-23-1133
08-17-2023
THE PEOPLE OF THE STATE OF NEW YORK ex rel. BRIAN BENNETT, Petitioner, v. SHERIFF RICHARD DEVLIN, Respondent.
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Motion, pursuant to CPLR 7002 (b), for writ of habeas corpus.
Application for permission to proceed as a poor person.
Upon the papers filed in support of the motion and application and the papers filed in opposition to the motion, 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 for the motion for a writ of habeas corpus (see CPLR 8022) is waived, and it is further
ORDERED that the motion for a writ of habeas corpus is denied, without costs.
Garry, PJ, Lynch, Reynolds Fitzgerald and McShan, JJ, concur