People v Index No. 451986/18 Cynthia Brann Commissioner New YorkCity Department of Correction

Motion No: M-5631

Slip Opinion No: 2019 NYSlipOp 61700(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. Lauren Gottseman, Esq., on

behalf of Randy Scott,

Petitioner-Appellant,

v

Index No. 451986/18

Cynthia Brann, Commissioner, New York City Department of Correction,

Respondent-Respondent.

An appeal having been taken to this Court by petitioner-appellant from the order of the Supreme Court, New York County rendered on or about October 15, 2018, which denied and dismissed petitioner's writ of habeas corpus,And petitioner-appellant having moved for a reduction in bail to an appropriate amount and form pending determination of the appeal, such as releasing appellant under the supervision of CASES's supervised release program, with immediate placement to an inpatient substance abuse program at Promesa, for expedited hearing of the appeal, and for poor person relief and the assignment of counsel, And interim relief having been granted by order of a Justice of this Court on October 30, 2018, directing petitioner's supervised release with immediate placement at Promesa, 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 continuing the relief granted by a Justice of this Court dated October 30, 2018, and it is furtherOrdered 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. Petitioner- appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. 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 for appellant is directed to perfect the appeal on or before February 19, 2019, for the May 2019 Term, and if so perfected, the appeal is to be maintained on the calendar for said Term. ENTERED: January 24, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Peter Tom Troy K. Webber Marcy L. Kahn Cynthia S. Kern, Justices

M-5631

Ind. No. 3069/18