People v Index No. 451526/18 Cynthia Brann Commissioner New York SCID No. 30125/18

Motion No: M-4890

Slip Opinion No: 2019 NYSlipOp 60803(U)

Decided on January 15, 2019

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.

January 15, 2019

The People of the State of New York

ex rel. Caroline Ng, Esq., on

behalf of Richard Ortiz,

Petitioner-Appellant,

v

Index No. 451526/18

Cynthia Brann, Commissioner, New York SCID No. 30125/18

City Department of Correction,

Respondent-Respondent.

An appeal having been taken to this Court by petitioner from the order of the Supreme Court, New York County, entered on or about August 3, 2018, which denied and dismissed petitioner's application for a writ of habeas corpus, And petitioner-appellant having moved for a reduction in bail pending determination of the appeal, for expedited hearing of the appeal, and for poor person relief and 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 said motion is granted to the extent of continuing the interim relief granted by the order of a Justice of this Court, dated September 13, 2018, which, inter alia, fixed bail at $20,000 partially secured bond, with 10% cash collateral, or $20,000 cash, and it is further,Ordered that poor person relief is granted to the extent of directing that the appeal 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 General of the State of New York and files an original, five hard copies and, and if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Pursuant to Section 35 of the Judiciary Law, Janet E. Sabel, Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for appellant for purposes of the appeal. Counsel is directed to perfect the appeal in accordance with Section 1250.5 of the Rules of the Appellate Division on or before February 19, 2019 for the May 2019 Term. ENTERED: January 15, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Presiding Justice, Peter Tom Cynthia S. Kern Jeffrey K. Oing, Justices

M-4890

Ind. No. 4928/17