Cannon v. Goord

This is a proceeding for judgment pursuant to Article 78 of the CPLR that was originated by the petition of Phillip Cannon, verified on July 13, 2005, and stamped as filed in the Clinton County Clerks office on July 22, 2005. Petitioner, who is now an inmate at the Clinton Correctional Facility, is challenging the time computation associated with his current incarceration. The Court issued an Order to Show Cause on August 9, 2005. As part of that Order to Show Cause the Court granted petitioners application for poor person status and permitted him to pay a reduced filing fee of $35.00 in accordance with the provisions of CPLR 1101(f). The Court has since received and reviewed respondents Answer and Return, verified on September 23, 2005, as well as respondents Letter Memorandum of September 23, 2005. The Court also received and reviewed petitioners Reply thereto, filed in the Clinton County Clerks office on October 14, 2005. In the meantime, by papers dated September 26, 2005, filed in the Clinton County Clerks office on September 29, 2005, the petitioner sought reargument with respect to that portion of the Order to Show Cause which directed him to pay a reduced filing fee of $35.00 dollars. By letter dated October 18, 2005, the petitioner was advised that his motion for reargument would be considered in conjunction with the Courts consideration of the merits of this proceeding.