People v Index No. 101522/18 Warden of House of Detention for Otis SCID No. 30171/18

Motion No: M-5664

Slip Opinion No: 2019 NYSlipOp 61352(U)

Decided on January 24, 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 24, 2019

The People of the State of New York

ex rel. Vincent Hanemann,

Petitioner-Appellant,

v

Index No. 101522/18

Warden of House of Detention for Otis SCID No. 30171/18

Bantum Correctional Center or any other

Person having Custody of Petitioner-

Appellant,

Respondent-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 23, 2018, which denied petitioner's application for a writ of habeas corpus, And petitioner-appellant having moved for an order (i) staying the order of remand of petitioner, (ii) releasing petitioner on his own recognizance or fixing a reasonable bail pending determination of the aforementioned appeal, and (iii) granting leave to prosecute the appeal as a poor person, the assignment of appellate counsel, and an enlargement of time to perfect the appeal, 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 serves one copy of such brief upon the attorney for respondent

and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to 22 NYCRR 1250.9. Petitioner-

appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. The motion is otherwise denied, with leave to renew the request for an enlargement at least two weeks prior to May 7, 2019. ENTERED: January 24, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Barbara R. Kapnick Marcy L. Kahn Anil C. Singh, Justices

M-5664

Ind. No. 3332/18