In the Matter of the Application of Luis Cintron

Motion No: M-8025

Slip Opinion No: 2019 NYSlipOp 85870(U)

Decided on December 12, 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.

December 12, 2019

In the Matter of the Application of

Luis Cintron,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules, v

Cynthia Brann, Commissioner of the

New York City Department of Correction,

Respondent-Respondent.

An appeal having been taken from an order and judgment (one paper) of the Supreme Court, Bronx County, entered on or about May 29, 2019, which dismissed the petition, And petitioner-appellant, pro se, having moved for civil poor person relief and for assignment of appellate counsel, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to prosecute the appeal as a poor person is granted, and it is directed that the appeal be heard on the original record (including the transcript of the proceedings, if any) and on a reproduced appellant's brief, to be served and filed in accordance with the requirements of 22 NYCRR 1250.9. The stenographer of the Supreme Court is directed pursuant to CPLR 1101 and 1102[b] to make, certify and file, within 20 days from the date of service of a certified copy of this order upon such

stenographer, two typewritten transcripts of the minutes of the proceedings, if any. The Clerk shall furnish a copy of such transcript to appellant, without charge, said transcript to be returned to this Court when the appellant's points are filed. It is further ordered that the branch of the motion seeking assignment of appellate counsel is denied. ENTERED: December 12, 2019

_____________________ DEPUTY CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Jeffrey K. Oing, Justices

M-8025

Index No. 250569/17