In the Matter of Seamus Lyons Petitioner v Joseph D'amico as Superintendent of State Police et

Motion No: 518837

Slip Opinion No: 2014 NY Slip Op 77526(U)

Decided on July 9, 2014

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 9, 2014518837

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In the Matter of SEAMUS LYONS,

Petitioner,                      
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
JOSEPH D'AMICO, as Superintendent of State Police, et al.,

Respondents.
                                                       
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Motion to vacate order of transfer and for further relief. It is noted that, procedurally, an answer should 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 the papers filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, to the extent that the order of transfer dated January 8, 2014 is vacated and the matter is remitted to Supreme Court for further proceedings. Respondents shall file in Supreme Court and serve upon petitioner an answer on or before August 8, 2014.
Lahtinen, J.P., Lynch, Devine and Clark, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court