People v Warden Sherman Dunbar NYC Departmentof Corrections

Motion No: M-515

Slip Opinion No: 2019 NYSlipOp 67618(U)

Decided on April 11, 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.

April 11, 2019

The People of the State of New York

ex rel. William Cuevas,

Petitioner-Appellant,

v

Warden Sherman Dunbar, NYC Departmentof Corrections,

Respondent-Respondent.

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Supreme Court, New York County, entered on or about September 11, 2018, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon,It is ordered that said motion is granted to the extent of granting poor person relief and 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 file an original, five hard copies 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. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. The motion is otherwise denied. ENTERED: April 11, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing Anil C. Singh, Justices

M-515

Index No. 101147/18