| In the Matter of Allah Kasiem Petitioner v Department of Correctional Services |
| Motion No: 08356 |
| Slip Opinion No: 2009 NY Slip Op 90951(U) |
| Decided on December 4, 2009 |
| 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: December 4, 2009
Case #508356
In the Matter of ALLAH KASIEM, Petitioner, v Respondent. | CORRECTED 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 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 no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, without
costs.
CARDONA, P.J., MERCURE, LAHTINEN, KANE and MALONE JR., JJ., concur.
ENTER:
Michael J.
Novack
Clerk of the Court