Matter of Barton v Gerstein
Motion No: 2015-04629
Slip Opinion No: 2015 NY Slip Op 88530(U)
Decided on October 23, 2015
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M200709

E/ct

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-04629

In the Matter of Khadel Barton, petitioner,

v Michael Gerstein, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss a proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Kings County, dated April 24, 2015.

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

ORDERED that on the Court's own motion, the petition and the motion are transferred to the Supreme Court, Kings County, for determination (see CPLR 506[b][1]).

LEVENTHAL, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court