People ex rel. Fernandez v. Capra

People ex rel. Fernandez v Capra (2021 NY Slip Op 02169)

People ex rel. Fernandez v Capra

2021 NY Slip Op 02169

Decided on April 7, 2021

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 7, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
BETSY BARROS
PAUL WOOTEN, JJ.
2021-00133

Edwin Fernandez, Ossining, NY, petitioner pro se.

Letitia James, Attorney General, New York, NY (Steven N. Schulman of counsel), and Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Michael J. Curtis of counsel), for respondent Michael Capra.

DECISION & ORDER

Application by the petitioner for a writ of habeas corpus and for poor person relief.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied.

DILLON, J.P., AUSTIN, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court