Opinion
Motion No: M-6691
02-26-2019
The People of the State of New York ex rel. Alma Magana, Esq., on behalf of Jose Rodriguez, Petitioner-Appellant, v. Index No. 452262/18 Cynthia Brann, Commissioner, New York SCID No. 30201/18 City Department of Correction, Respondent-Respondent.
An appeal having been taken to this Court by petitioner from the order of the Supreme Court, New York County, entered on or about December 6, 2018, which denied and dismissed petitioner's application for a writ of habeas corpus,And petitioner-appellant having moved for a reduction in bail pending determination of the appeal, for expedited hearing of the appeal, and for poor person relief and the assignment of counsel,And interim relief having been denied by an order of a Justice of this Court, dated December 19, 2018, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that that the branch of the motion seeking a reduction in bail pending determination of the appeal is denied, and it is further Ordered that the branch of the motion seeking 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 with this Court 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. Petitioner is permitted to dispense with payment of the required fee for the subpoena and filing of the record. Pursuant to Section 35 of the Judiciary Law, Janet E. Sabel, Esq., The Legal Aid Society, 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, and it is further Ordered that the branch of the motion seeking to expedite the appeal is granted to the extent that petitioner-appellant is directed to perfect the appeal in accordance with Part 1250 of the Practice Rules of the Appellate Division on or before July 8, 2019 for the September 2019 Term.
ENTERED: February 26, 2019
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Troy K. Webber Jeffrey K. Oing Anil C. Singh,Justices
M-6691
Ind. No. 3527/18