People v City of New York State of New York

Motion No: M-2031

Slip Opinion No: 2018 NYSlipOp 77128(U)

Decided on July 10, 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.

July 10, 2018

The People of the State of New York

ex rel. Lamont Anthony Sears,

Petitioner,

v

City of New York, State of New York,

New York City Department of Corrections,

et al.,

Respondents.

The above-named petitioner having moved for a writ of

habeas corpus to be issued from this Court, money damages for

his continued incarceration, bail reduction, and poor person relief, Now, upon reading and filing the papers with respect to

said motion, and due deliberation having been had thereon, It is ordered that the motion be and 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, forthwith, and It is further ordered that service by mail of a copy of petitioner's writ of habeas corpus, petition and supporting papers, by the Clerk of this Court, contemporaneous with the

entry hereof, upon the Warden at A.M.K.C. Rikers Island Department of Corrections; the Attorney General of the State of New York, 28 Liberty Street, New York, NY 10005; and the District Attorney of New York, be deemed and sufficient notice. This order is without prejudice to further proceedings regarding the related relief. ENTERED: July 10, 2018

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Peter H. Moulton, Justices

M-2031

Ind. No. 3145/17