People v Commissioner of the New York State

Motion No: M-2953

Slip Opinion No: 2017 NYSlipOp 85434(U)

Decided on September 12, 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.

September 12, 2017

The People of the State of New York

ex rel. Joseph Griffin, Esq., on

behalf of Juan Carlos Arias Reyes, Petitioner, B & C No. 3601700080

v

Commissioner of the New York State

Department of Corrections, et al.,

Respondents.

The above-named petitioner having moved for, inter alia, a writ of habeas corpus to be issued from this Court, 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 be and the same hereby is granted only to the extent of transferring the proceeding to

be heard before a Justice of the Supreme Court of the State of New York, New York County, forthwith, and It is further ordered that service by mail of a copy of

this writ of habeas corpus, petition and supporting papers, by the Clerk of this Court, contemporaneous with the entry hereof, shall be made upon the Warden at OBCC, 16-00 Hazen Street, East

Elmhurst, NY; the Attorney General of the State of New York, 120 Broadway, New York, New York 10271; and the District Attorney of New York County, and such shall be deemed due and sufficient notice. The motion is otherwise denied. ENTERED: September 12, 2017

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Richard T. Andrias Karla Moskowitz Ellen Gesmer, Justices

M-2953

Ind. No. 924/17