People v Joseph Ponte Commissioner New York

Motion No: M-6498

Slip Opinion No: 2017 NYSlipOp 66433(U)

Decided on March 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.

March 7, 2017

The People of the State of New York

ex rel. Alana Roth, on behalf of

Miles Payton,

Petitioner-Appellant, Index No. 452444/16

v

Joseph Ponte, Commissioner, New York

City Department of Corrections,

Respondent-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about December 19, 2016,

which denied and dismissed petitioner's application for a writ

of habeas corpus, And, an order of a Justice of this Court, dated December 21, 2016, having granted petitioner's request to fix bail in the sum of $20,000 insurance company bond or $2,000 cash, And, petitioner having moved for the approval of a bail

bond issued by Alison Bail Bonds pending determination of the habeas corpus appeal, for leave to prosecute the appeal as a poor person, for leave to have the appeal heard on the original record and upon 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 the motion is granted to the extent of

continuing the relief granted by the order of a Justice of this Court, dated December 21, 2016, on the condition that the appeal is perfected on or before July 10, 2017 for the September 2017 Term. Petitioner is permitted to prosecute the appeal upon

the original record and upon a reproduced appellant's brief,

on condition that appellant serves one copy of such brief upon the District Attorney of said county and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. Seymour W. James, Jr., Esq., Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10004, Telephone No. 212-577-3688, is assigned as counsel for petitioner-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: March 7, 2017

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Angela M. Mazzarelli Karla Moskowitz Barbara R. Kapnick Troy K. Webber, Justices

M-6498

Ind. No. 4812/15