In the Matter of Steven Mears

Motion No: M-6005

Slip Opinion No: 2016 NYSlipOp 96100(U)

Decided on December 22, 2016

Appellate Division, First 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.

December 22, 2016

In the Matter of Steven Mears,

Petitioner,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules,

in the Nature of a Writ of Mandamus, v

Hon. Richard T. Andrias, and or, the

Appellate Division, First Department,

or whom ever is responsible,

Respondents.

Proceeding pursuant to CPLR Article 78 in the nature of mandamus to vacate an order of a Justice of this Court denying a certificate for leave to appeal the denial of petitioner's motion to renew a CPL §440 application, and application having been made by petitioner for poor person relief, Now, on the Court's own motion, it is Ordered that the proceeding is transferred to the Appellate Division, Second Department, pursuant to New York Constitution, Article VI, §4(I), for hearing and determination, and it is further, Ordered that all further proceedings in connection with the proceeding shall be conducted pursuant to the rules of the Appellate Division, Second Department. ENTERED: December 15, 2016

_____________________ CLERK

PRESENT: Hon. Peter Tom,Justice Presiding, Angela M. Mazzarelli David Friedman John W. Sweeny, Jr. Rolando T. Acosta,Justices

M-6005

Ind. No. 4854/03