In the Matter of Frans Sital Petitioner v Brian Fischer as Commissioner of Correctional Services et



In the Matter of Frans Sital Petitioner v Brian Fischer as Commissioner of Correctional Services et
Motion No: 508325
Slip Opinion No: 2010 NY Slip Op 85012(U)
Decided on October 14, 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: October 14, 2010

Case # 508325


In the Matter of FRANS SITAL,

Petitioner,

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

Respondents.


DECISION AND ORDER
ON MOTION

Motion for case to be returned to Supreme Court.

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

ORDERED that the motion is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the proceeding.
CARDONA, P.J., PETERS, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court