Opinion
Motion No: 528027
01-17-2019
THE PEOPLE OF THE STATE OF NEW YORK ex rel. FRANCISCO MARXUACH, Petitioner, v. SUPERINTENDENT, WASHINGTON CORRECTIONAL FACILITY, et al., Respondents.
DECISION AND ORDER ON MOTION
Motion for permission to proceed as a poor person.
Motion for permission to appeal to this Court from order of Supreme Court, Washington County, dated October 29, 2018.
Upon the papers filed in support of the motions, 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 Lynch, 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]).
Lynch, J.P., Devine, Mulvey and Rumsey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court