People v 166/03 Anthony Annucci Acting Commissioner

Motion No: M-2669

Slip Opinion No: 2018 NYSlipOp 81356(U)

Decided on August 23, 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 23, 2018

The People of the State of New York

ex rel. Michael Velez,

Petitioner,

v

166/03

Anthony Annucci, Acting Commissioner,

N.Y.S. Department of Correction,

Respondent.

The above-named petitioner having moved for, inter alia,

a writ of habeas corpus to be issued from this Court, 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 be and the same hereby is granted only to the extent of transferring the proceeding to

and be heard before a Justice of the Supreme Court, Appellate Division, Third Department, forthwith, and It is further ordered that service by mail of a copy of this writ of habeas corpus, petition and supporting papers, by the Clerk of this Court, contemporaneous with the entry hereof, upon the Warden at Elmira Correctional Facility, P.O. Box 500, Elmira, N.Y. 14901-0500; the Attorney General of the State of New York, 120 Broadway, New York, New York 10271; and the District Attorney of New York County, be deemed due and sufficient notice.The motion is otherwise denied. ENTERED: August 23, 2018

_____________________ DEPUTY CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices

M-2669

Ind. Nos. 5513/02