People v Warden Anna M. Kross Center New York

Motion No: M-1064

Slip Opinion No: 2017 NYSlipOp 70567(U)

Decided on April 13, 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.

April 13, 2017

The People of the State of New York

ex rel: Michael Nieves,

Petitioner-Appellant,

v

Warden, Anna M. Kross Center, New York

City Department of Correction, and

New York State Division of Parole,

Respondent-Respondent.

Petitioner-appellant having moved for leave to prosecute,

as a poor person, the appeal from an order of the Supreme Court, Bronx County, entered on or about May 24, 2016, and for leave

to have the appeal heard on the original record and upon a reproduced appellant's brief, for the assignment of counsel,

and for other 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 permitting the appeal to 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 for respondent and file 10 copies of such brief, together with the original record, with this Court. Appellant is permitted to dispense

with payment of the required fee for the subpoena and filing

of the record. So much of the motion which seeks the assignment of counsel is denied. ENTERED: April 13, 2017

_____________________ CLERK

Present: Hon. Rosalyn H. Richter, Justice Presiding, Angela M. Mazzarelli Marcy L. Kahn Ellen Gesmer, Justices

M-1064

Index No. 250806/16