People v Index No. 453091/17 Cynthia Brann Commissioner New

Motion No: M-2067

Slip Opinion No: 2018 NYSlipOp 74354(U)

Decided on June 7, 2018

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.

June 7, 2018

The People of the State of New York

ex rel. Anthony Farley, Esq., on

behalf of Tracie Martin,

Petitioner-Appellant,

v

Index No. 453091/17

Cynthia Brann, Commissioner, New

York City Department of Correction,

Respondent-Respondent.

An order of a single Justice of this Court entered on or about December 8, 2017, granting petitioner a reduction in bail; and such relief having been continued by an order of this Court entered on or about February 22, 2018 (M-6641),And the aforesaid order of this Court (M-6641), having granted defendant leave to prosecute, as a poor person, the appeal from a judgment of the Supreme Court, New York County, rendered on or about November 27, 2017; and assigning Seymour W. James, Jr., Esq., as counsel to prosecute the appeal; and a motion having been made to relieve such counsel, and for related relief, And an order of this Court dated April 19, 2018 (M-1151), having enlarged the time to perfect the appeal to the September 2018 Term, and continuing the previous bail relief (M-6641) on condition the appeal is perfected for the September 2018 Term, 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 striking the designation of assigned counsel Seymour W. James, Jr., Esq., as counsel to prosecute defendant's appeal, and

substituting, pursuant to Section 722 of the County Law, Steven N. Feinman, Esq., One North Broadway, Suite 412, White Plains, New York, 10601, Telephone No. 914-949-8214, as such counsel,It is further ordered, sua sponte, the time to perfect the appeal is enlarged to the October 2018 Term; and the bail relief, previously granted by this Court (M-6641, M-1151), is continued, on condition that the appeal is perfected for the October 2018 Term. ENTERED: June 7, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Judith J. Gische Angela M. Mazzarelli Cynthia S. Kern Anil C. Singh,Justices

M-2067

Ind. No. 3581/17