People v Brian Belfi Director of Kirby Forensic Psychiatric Center

Motion No: M-7518

Slip Opinion No: 2019 NYSlipOp 84036(U)

Decided on November 14, 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.

November 14, 2019

The People of the State of New York

ex rel. Haji Duncan,

Petitioner,

CONFIDENTIAL

v

Brian Belfi, Director of Kirby

Forensic Psychiatric Center,

Respondent.

The above-named petitioner having commenced this proceeding seeking a writ of habeas corpus to be issued from this Court, and having moved for leave to prosecute said proceeding as a poor person, 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 be and the same hereby is granted only to the extent of transferring the proceeding to be heard before a Justice of the Supreme Court of the State of New York, New York County, 60 Centre Street, New York, New York 10007, forthwith, and It is further ordered that service by mail of a copy of this writ of habeas corpus, petition and supporting papers, by the Clerk of this Court, contemporaneous with the entry hereof, upon the Commissioner of the Office of Mental Health at 330 5th Ave, New York, NY 10001; the Attorney General of the State of New York, 120 Broadway, New York, New York 10271; and the District Attorney of New York County, 1 Hogan Pl, New York, NY 10013, be deemed due and sufficient notice. The motion for leave to prosecute the within proceeding as a poor person is denied, without prejudice to petitioner seeking such relief in future proceedings. ENTERED: November 14, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Anil C. Singh, Justices

M-7518

Ind. No. 4657/16