In the Matter of Curtis Kitchen Petitioner v Brian Fischer as Commissioner of Correctional Services

In the Matter of Curtis Kitchen Petitioner v Brian Fischer as Commissioner of Correctional Services
Motion No: #511950
Slip Opinion No: 2011 NY Slip Op 79530(U)
Decided on July 28, 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: July 28, 2011

Case #511950

In the Matter of CURTIS KITCHEN,
Petitioner,
v

BRIAN FISCHER, as Commissioner of Correctional Services,
Respondent.

DECISION AND ORDER
ON MOTION

Motion to strike an exhibit to respondent's answer.

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

ORDERED that the motion is denied, without costs, and without prejudice to the issue concerning the accuracy of the transcripts being raised upon the argument of the proceeding.
MERCURE, J.P., ROSE, MALONE JR., STEIN and GARRY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court