| People ex Rel. Andre Coleypetitioner v Andrew M. Cuomo as Attorney General of the State of New York et |
| Motion No: 504926 |
| Slip Opinion No: 2008 NYSlipOp 87333(U) |
| Decided on October 23, 2008 |
| Appellate Division, Third 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. |
Decided and Entered: October 23, 2008
Case #
504926
THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANDRE COLEY, Petitioner, v Respondents. | DECISION AND ORDER ON MOTION |
Motion to vacate order of transfer and remit to Supreme Court for further proceedings. It is noted that, procedurally,
an answer and record should be filed in Supreme Court prior to an order of transfer being made (see CPLR 7804 [e], [f]).
Upon the
papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, without
costs.
CARDONA, P.J., PETERS, CARPINELLO, MALONE JR. and STEIN, JJ., concur.
ENTER:
Michael J.
Novack
Clerk of the Court