the State of New York ex rel. Jenna Rae v Cynthia Brann Acting Commissioner

Motion No: M-3966

Slip Opinion No: 2017 NYSlipOp 84123(U)

Decided on August 29, 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.

August 29, 2017

The State of New York ex rel. Jenna Rae

Minor, Esq., on behalf of Giovanni CONFIDENTIAL

Vargas, Petitioner-Appellant,

v

Cynthia Brann, Acting Commissioner,

New York City Department of Correction,

Respondent-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about July 14, 2017, And an order of a Justice of this Court, entered July 21,

2017, granting petitioner bail on condition he posts $50,000

on a 2% partially secured surety bond or $15,000 cash, And petitioner-appellant having moved for his release or, alternatively, fixing the security amount required for a partially secured surety bond at 2%, pending determination of the appeal; for an expedited appeal; and for poor person relief and 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 the motion is granted to the extent of maintaining the same terms and conditions set forth in the

order of a Justice of this Court, entered July 21, 2017, and on condition that petitioner-appellant perfects the appeal for the

January 2018 Term. So much of the motion which seeks poor person relief is granted to the extent of permitting the appeal to be heard on the original record and upon a reproduced appellant's brief and assigning Seymour W. James, Jr., Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, as counsel for purposes of prosecuting the appeal. ENTERED: August 29, 2017

_____________________ DEPUTY CLERK

Present: Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices

M-3966

Index No. 451902/17