People v City of New York State of New York N.Y.C. Department of Corrections

Motion No: M-2936

Slip Opinion No: 2018 NYSlipOp 83978(U)

Decided on September 20, 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.

September 20, 2018

The People of the State of New York

ex rel. Vardell Smalls,

Petitioner,

v

City of New York, State of New York,

N.Y.C. Department of Corrections,

The Legal Aid Society, et al.,

Respondent(s).

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 of the State of New York, New York County, 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 Riker's Island, Anna M. Kross Center, 18-18 Hazen Street, East Elmhurst, NY 11370; the Attorney General of the State of New York, 120 Broadway, New York, New York 10271; and

the District Attorney of New York County, Cyrus R. Vance, Jr., One Hogan Place, New York, NY 10013, be deemed due and sufficient notice. The motion is otherwise denied. ENTERED: September 20, 2018

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-2936

Ind. No. 4074/17