People v Superintendent R.N.D.C. et al.

Motion No: M-3865

Slip Opinion No: 2017 NYSlipOp 89490(U)

Decided on October 19, 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.

October 19, 2017

The People of the State of New York

ex rel. Brett Johnson,

Petitioner,

v

Superintendent, R.N.D.C., 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 and be heard before a Justice of the Supreme Court of the State of New York, New York County, 111 Centre Street, New York, NY 10017, 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, upon the Warden of Rikers Island, 11-11 Hazen Street, East Elmhurst, New York 11370; the Attorney General of the State of New York, 120 Broadway, New York, New York 10271; and the District Attorney of New York County, One Hogan Place, New York, NY 10013, be deemed due and sufficient notice. The motion is otherwise denied. ENTERED: October 19, 2017

_____________________ CLERK

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

M-3865

Ind. No. 887/17