Opinion
Motion No: M-5047
12-27-2018
The People of the State of New York ex rel. Anne Dean, Esq., on behalf of Weldon Faulk, Petitioner-Appellant, CONFIDENTIAL v. Index No. 250157/18 Cynthia Brann, Commissioner, New YorkCity Department of Corrections, et al., Respondents-Respondents.
An appeal having been taken to this Court by petitioner from the order of the Supreme Court, Bronx County, entered on or about July 24, 2018, which denied and dismissed petitioner's application for a writ of habeas corpus, And petitioner-appellant having moved to be released on his own recognizance pending hearing and determination of the appeal, for expedited hearing of the appeal, and for poor person relief and assignment of counsel, 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 is granted to the extent of continuing the interim relief granted by the order of a Justice of this Court, dated October 5, 2018, which, inter alia, fixed bail in the sum of $1,000 credit card or $1,000 cash, and it is further, Ordered that poor person relief is granted to the extent of directing 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 an original, five hard copies and, and if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record.Pursuant to Section 25 of the Judiciary Law, Anne Dean, Esq., The Bronx Defenders, 360 East 161st Street, Bronx, NY 10451, Telephone No. 718-838-7878, is assigned as counsel for appellant for purposes of the appeal. Counsel is directed to perfect the appeal on or before February 19, 2019, for the May 2019 Term. The appeal is to be maintained on the calendar for said May 2019 Term, if so perfected.
ENTERED: December 27, 2018
_____________________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Angela M. Mazzarelli Marcy L. Kahn, Justices
M-5047
Ind. No. 609/16