Opinion
Motion No: 516170
04-02-2013
THE PEOPLE OF THE STATE OF NEW YORK ex rel. DERRICK THOMPSON, Petitioner, v. THOMAS LAVALLEY, Superintendent of Clinton Correctional Facility, Respondent.
DECISION AND ORDER ON MOTION
Motion for permission to proceed as a poor person.
Application for permission to appeal to this Court from judgment of Supreme Court dated January 30, 2013.
Upon the papers filed in support of the motion and the 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 by CPLR 8022 is waived, and it is further
ORDERED that the application for permission to appeal is referred to Justice Spain, who makes the following decision: Application denied, without costs, as unnecessary. The judgment sought to be appealed was appealable as of right (see CPLR 7011).
PETERS, P.J., LAHTINEN, SPAIN, McCARTHY and EGAN JR., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court