Opinion
Motion No: M-3023
09-12-2017
The People of the State of New York ex rel. Alfonso Rizzuto, Petitioner-Appellant, v. Warden, Raino Hills, New York City Department of Corrections, Respondent-Respondent.
Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal from the order of the Supreme Court, New York County, entered on or about January 19, 2017, which denied and dismissed a habeas corpus proceeding, 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 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. Marianne Karas, Esq., 980 Broadway, Suite 324, Thornwood, N.Y. 10594-1139, Telephone No. (914) 434-5935, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of filing of the record.
ENTERED: September 12, 2017
_____________________ CLERK
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices
M-3023
Index No. 102084/16