| In the Matter of Eugene Telfair Petitioner v Brian Fischer as Commissioner of Correctional Services |
| Motion No: #511377 |
| Slip Opinion No: 2011 NY Slip Op 65230(U) |
| Decided on February 24, 2011 |
| 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: February 24, 2011
Case
#511377
In the Matter of EUGENE TELFAIR, Petitioner, v
Respondent. |
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 shall 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.
PETERS, J.P., SPAIN, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:
Robert D.
Mayberger
Clerk of the Court