Opinion
Motion No: M-4974
11-29-2018
The People of the State of New York ex rel. Sarah Legler, Esq. on behalf of Lanijah McCoy, Petitioner-Appellant, v. Index No. 451852/18 Cynthia Brann, Commissioner, New YorkSCID No. 30116/18 City Department of Correction, Respondent-Respondent.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 2, 2018, which denied and dismissed petitioner's application for a writ of habeas corpus, And petitioner having moved for an order (i) releasing her on her own recognizance, or changing the form of bond to an unsecured bond, or granting a bail reduction, (ii) expediting the aforesaid appeal, (iii)) granting leave to prosecute the appeal as a poor person, and (iv) assigning appellate 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 expediting the appeal by directing counsel to perfect said appeal on or before January 28, 2019, for the April 2019 Term, and it is further Ordered that so much of the motion requesting poor person relief 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 District Attorney of said county 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. Petitioner is permitted to dispense with payment of the required fee for the subpoena and filing of the record. Justine M. Luongo, Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for petitioner for purposes of the appeal. The motion is otherwise denied.
ENTERED: November 29, 2018
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Ellen Gesmer Anil C. Singh, Justices
M-4974
Ind. No. 2300/18