People v Joseph Ponte Commissioner New York City Department of Corrections

Motion No: M-4398

Slip Opinion No: 2017 NYSlipOp 92835(U)

Decided on November 21, 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.

November 21, 2017

The People of the State of New York

ex rel. Lizzie-Anne Beale, on behalf of

Alejandro Perez,

Petitioner-Appellant,

v

Joseph Ponte, Commissioner, New York

City Department of Corrections,

Respondent-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, rendered on or about

August 9, 2017, which dismissed a habeas corpus proceeding, And petitioner-appellant having moved for leave to prosecute the appeal as a poor person, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for the assignment of counsel, to be released on his own recognizance and for expedited hearing of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said motion is granted to the extent of directing that the appeal 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 General of the State of New York and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. Pursuant to Section 35 of the Judiciary Law, Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for appellant for purposes of the appeal. Counsel is directed to perfect the appeal in accordance with Rule 600.18 of this Court. Petitioner is directed to perfect the appeal for the March 2018 Term. The motion, to the extent it seeks to be released on his own recognizance, is denied as academic.ENTERED: November 21, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Dianne T. Renwick Rosalyn H. Richter Jeffrey K. Oing Peter H. Moulton, Justices

M-4398

Index No. 452219/17