Opinion
Motion No: M-3038
10-05-2017
The People of the State of New York ex rel. Allen Farbman, Esq., on behalf of Efrain Anacleto, Petitioner-Appellant, v. Dina Simon, etc., Respondent-Respondent.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about May 25, 2017, which dismissed petitioner's application for a writ of habeas corpus, And petitioner-appellant having moved for leave to prosecute the appeal as a poor person, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, for the assignment of counsel, and for an order restoring his bail status to $3,000 insurance company bond, reinstating the original bond that petitioner posted pending hearing and determination of the appeal, and for expedited hearing of the appeal, 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 relief granted by the order of a Justice of this Court, dated June 7, 2017, which fixed bail in the amount of $10,000 insurance company bond, or 10% partially secured surety bond or $5,000 cash, and ordered waiver of surety inspection; with the additional condition that petitioner perfects the appeal on or before December 4, 2017 for the February 2018 Term of this Court, and except to that extent, vacating the order of this Court dated June 7, 2017, 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: October 5, 2017
_____________________ CLERK
Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Karla Moskowitz Troy K. Webber, Justices
M-3038
Index No. 451497/17