People v Index No. 451315/18 Cynthia Brann Commissioner New York

Motion No: M-1819

Slip Opinion No: 2019 NYSlipOp 72491(U)

Decided on June 13, 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.

June 13, 2019

The People of the State of New York

ex rel. Alma Magana, Esq., on behalf

of Devin Cummings,

Petitioner-Appellant,

v

Index No. 451315/18

Cynthia Brann, Commissioner, New York

City Department of Correction,

Respondent-Respondent.

Petitioner having renewed his motion for leave to prosecute as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about July 13, 2018, 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 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. Sua sponte, the time to perfect the appeal is enlarged to the October 2019 Term. ENTERED: June 13, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Troy K. Webber Marcy L. Kahn Peter H. Moulton,Justices

M-1819

Ind. No. 4349/17