People v Joseph Ponte Commissioner of NYC Dept. of Corrections

Motion No: M-5601

Slip Opinion No: 2017 NYSlipOp 63571(U)

Decided on February 7, 2017

Appellate Division, First 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.

February 7, 2017

The People of the State of New York

ex rel. Paul Zeigler,

Petitioner-Appellant,

v

Joseph Ponte, Commissioner of NYC

Dept. of Corrections,

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 September 29, 2016, which dismissed a habeas corpus proceeding, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for related relief,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 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 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. ENTERED: February 7, 2017

_____________________ CLERK

Present - Hon. Peter Tom,Justice Presiding, David Friedman David B. Saxe Paul G. Feinman Marcy L. Kahn,Justices

M-5601

Index No. 101460/16