Opinion
Motion No: M-1738
05-23-2017
The People of the State of New York ex rel. Martin LaFalce, on behalf of Andy Bolta, Petitioner-Appellant, v. Joseph Ponte, 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 March 29, 2017, which denied and dismissed petitioner-appellant's application for a writ of habeas corpus, And petitioner-appellant having moved for an unsecured surety bond pending hearing and determination of the appeal, for expedited hearing of the appeal, and for poor person relief, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for the 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 said motion is granted to the extent of continuing the interim relief granted by the order of a Justice of this Court, entered March 31, 2017, which set an unsecured bond in the amount of $3,500 on the pending appeal, on condition that petitioner-appellant posts $3,500 cash from the previously exonerated bail upon receipt of those funds by petitioner-appellant from the New York City Department of Finance, and on further condition petitioner-appellant perfects the appeal for the November 2017 Term, and it is further, Ordered that 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.
ENTERED: May 23, 2017
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Karla Moskowitz Judith J. Gische Barbara R. Kapnick,Justices
M-1738
Index No. 450867/17