People v Index No. 101657/18 Cynthia Brann Commissioner New YorkSCID No. 301189/18

Motion No: M-6721

Slip Opinion No: 2019 NYSlipOp 61362(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. Lance Lazzaro, Esq., on behalf

of Phillip Patsuriya,

Petitioner-Appellant,

v

Index No. 101657/18

Cynthia Brann, Commissioner, New YorkSCID No. 301189/18

City Department of Correction,

Respondent-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about November 20, 2018, which denied and dismissed petitioner's application for a writ of habeas corpus, And petitioner-appellant having moved for (1) vacatur of the aforesaid order; and (2) an order determining that the secured bail bond submitted by the petitioner-appellant's obligors was legally sufficient, and ordering petitioner-appellant's release upon such secured bail bond pending the hearing and determination of the appeal from the denial of the writ of habeas corpus, 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 denied. ENTERED: January 24, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Peter H. Moulton, Justices

M-6721

Ind. No. 1953/18