Opinion
Motion No: M-1819
06-13-2019
The People of the State of New York ex rel. Alma Magana, Esq., on behalf of Devin Cummings, Petitioner-Appellant, v. Index No. 451315/18 Cynthia Brann, Commissioner, New York City Department of Correction, Respondent-Respondent.
Petitioner having renewed his motion for leave to prosecute as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about July 13, 2018, 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 permitting the appeal to 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 for respondent and files an original, five hard copies 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. Sua sponte, the time to perfect the appeal is enlarged to the October 2019 Term.
ENTERED: June 13, 2019
__________ CLERK
PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Troy K. Webber Marcy L. Kahn Peter H. Moulton,Justices
M-1819
Ind. No. 4349/17