People v Warden Rikers Island Correctional

Motion No: M-2817

Slip Opinion No: 2018 NYSlipOp 79959(U)

Decided on August 9, 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.

August 9, 2018

The People of the State of New York

ex. rel. Darren Smith,

Petitioner-Appellant,

v

Warden, Rikers Island Correctional

Facility and New York State Department

of Corrections and Community Supervision,

Respondents-Respondents.

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Supreme Court, Bronx County, entered on or about April 12, 2018, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for leave to proceed pro se, Now, upon reading and filing the papers with respect to said 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 serves 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. ENTERED: August 9, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Richard T. Andrias,Justices

M-2817

Index No. 340008/18