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

Motion No: M-5149

Slip Opinion No: 2017 NYSlipOp 95465(U)

Decided on December 14, 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.

December 14, 2017

The State of New York ex rel.,

Caroline Glickler, Esq., on behalf

of Jamal Blackshear,

Petitioner-Appellant,

v

Cynthia Brann, Commissioner, New

York City Department of Corrections,

Respondent-Respondent.

Petitioner-appellant having moved for bail pending appeal or to be released on his own recognizance, and for leave to prosecute, as a poor person, the appeal from an order of the Supreme Court, New York County, rendered on or about September 14, 2017, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for related relief, 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 permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serve one copy of such brief upon the attorney for respondent and file 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. 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 defendant-appellant for purposes of the appeal.

Counsel is directed to perfect the appeal on or before

January 29, 2018 for the April 2018 Term. The motion, to the extent it seeks a preference or for bail modification pending the appeal, is denied. ENTERED: December 14, 2017

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Angela M. Mazzarelli Marcy L. Kahn Peter H. Moulton, Justices

M-5149

Index No. 452543/17