| Matter of Kelleher v New York State Department of Environ |
| Motion No: 2009-09938 |
| Slip Opinion No: 2010 NY Slip Op 61387(U) |
| Decided on January 19, 2010 |
| 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
M97400
E/sl
MARK C. DILLON, J.P.
JOSEPH COVELLO
HOWARD MILLER
CHERYL E. CHAMBERS, JJ.
|
2009-09938 In the Matter of Denis Kelleher, et al., petitioners, v New York State Department of Environmental Conservation, respondent. (Index No. 2631-09)
| 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 May 6, 2009, 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.
DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court