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People ex rel. Fernandez v Capra, 2021 NY Slip Op 02169 [193 AD3d 751]

April 7, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Edwin Fernandez, Petitioner,

v

Michael Capra, Respondent.

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.

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..