| Matter of Barkle v New York State Department of Environme |
| Motion No: 2006-02332 |
| Slip Opinion No: 2006 NYSlipOp 68408(U) |
| Decided on May 8, 2006 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M39340
C/nal
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2006-02332
In the Matter of Richard Barkle, petitioner, v New York State Department of Environmental Conservation, respondent. (Index No. 11287/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated October 26, 2005, to remit the matter to the Supreme Court, Suffolk County for further proceedings pursuant to ECL 25-0404.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County.
MILLER, J.P., SCHMIDT, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court