People v Cynthia Brann Commissioner New York

Motion No: M-2395

Slip Opinion No: 2018 NYSlipOp 77444(U)

Decided on July 12, 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 12, 2018

The People of the State of New York

ex rel. Joshua Norkin, on behalf of

Eric Warrick,

Petitioner-Appellant, SCID No. 30061/18

v

Cynthia Brann, Commissioner, New York

City Department of Corrections,

Respondent-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about April 17, 2018, And petitioner having moved for leave to prosecute the aforesaid appeal as a poor person, upon the original record

and appellant's brief, and for the assignment of counsel, 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 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 files 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. Justine M. Luongo, Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for petitioner-appellant for purposes of the appeal. ENTERED: July 12, 2018

_____________________ CLERK

Present: Hon. Rosalyn H. Richter, Justice Presiding, Troy K. Webber Marcy L. Kahn Cynthia S. Kern Jeffrey K. Oing, Justices

M-2395

Index No. 450583/18