In the Matter of Kevin Weems Petitioner v Brian Fischer as Commissioner of Correctional Services et



In the Matter of Kevin Weems Petitioner v Brian Fischer as Commissioner of Correctional Services et
Motion No: 508873
Slip Opinion No: 2010 NY Slip Op 73412(U)
Decided on June 3, 2010
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: June 3, 2010

Case # 508873


In the Matter of KEVIN WEEMS,

Petitioner,

v
BRIAN FISCHER, as Commissioner of Correctional Services, et al.,

Respondents.


DECISION AND ORDER
ON MOTION

Motion to strike, for sanctions, for remittal, to file reply dated April 5, 2010 and for further relief.

Upon the papers filed in support of the motion and the papers filed in support of the motion and the papers filed in opposition and in response thereto, it is

ORDERED that the motion to file the reply dated April 5, 2010 is granted, without costs, and the Clerk of the Court is directed to accept said document submitted to the Court on April 22, 2010, and it is further

ORDERED that the motion to strike, for sanctions, for remittal and for further relief is denied, without costs. It is noted that any arguments regarding the merits of the proceeding may be raised upon the argument of the proceeding.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court