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PEOPLE EX REL. NELSON v. THOMPSON

2014-01348

116 A.D.3d 720 (2014)

982 N.Y.S.2d 783

2014 NY Slip Op 2323

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DERIC NELSON, Petitioner, v. KENNETH P. THOMPSON et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 2, 2014.

Ordered that the application to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the writ is dismissed, without costs or disbursements.

Under the circumstances presented, the petitioner is not entitled to relief in a habeas corpus proceeding (see CPLR...

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