Opinion
Motion No: M-4396
10-03-2017
The People of the State of New York ex rel. Nora Van Duse, Esq., on behalf of Mark Cobham, Petitioner-Appellant, v Cynthia Brann, Commissioner, New York City Department of Corrections, Respondent-Respondent.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about August 9, 2017, which dismissed a habeas corpus proceeding, And petitioner-appellant having moved for leave to prosecute the aforesaid appeal as a poor person, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, for the assignment of counsel, for a reduction of bail pending the determination of the appeal to a $10,000 partially secured bond, and for expedited hearing of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks poor person relief, is granted and it is directed that the appeal be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the Attorney General of the State of New York and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court.Pursuant to Section 35 of the Judiciary Law, Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for appellant for purposes of the appeal. Counsel is directed to perfect the appeal in accordance with Rule 600.18 of this Court. The motion, to the extent it seeks a reduction in bail and for expedited hearing of the appeal, is denied.
ENTERED: October 3, 2017
_____________________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice, Dianne T. Renwick Troy K. Webber Jeffrey K. Oing Peter H. Moulton,Justices
M-4396
Index No. 452230/17