| People ex. rel. Kneitel, on behalf of McFadden v Warden, Rik |
| Motion No: 2013-00574 |
| Slip Opinion No: 2013 NY Slip Op 73757(U) |
| Decided on May 14, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M156299
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2013-00574 People ex rel. Jared Kneitel, on behalf of Daniel McFadden, petitioner, v Warden, Rikers Island Correctional Facility, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue a writ of habeas corpus in the nature of an application pursuant to CPL 170.70 to release the defendant in a criminal action entitled People v McFadden, pending in the Supreme Court, Kings County, under S.C.I. No. 102020/12, and a prior motion by the petitioner to strike the respondent's papers filed in response to the writ of habeas corpus, which were determined by decision, order and judgment of this Court dated March 13, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court