Opinion
Motion No: 527662
07-18-2019
THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANTHONY H. BAPTISTE, Petitioner, v. SUPERINTENDENT, CLINTON CORRECTIONAL FACILITY, et al., Respondents.
DECISION AND ORDER ON MOTION
Motion for permission to appeal.
Motion for permission to proceed as a poor person.
Upon the papers filed in support of the motions, and the papers filed in opposition to the motion for permission to proceed as a poor person, is it
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 Rumsey, 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]).
Egan Jr., J. P., Lynch, Rumsey and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court