Matter of Grant v Fischer

Matter of Grant v Fischer 2007 NY Slip Op 03068 [39 AD3d 309] April 12, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

In the Matter of Jamal Grant, Petitioner,
v
Brian S. Fischer, as Acting Commissioner of the New York State Department of Correctional Services, et al., Respondents.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, New York (Michael J. Keane of counsel), for respondents.

Cross motion to dismiss application for an order pursuant to article 78 of the Civil Practice Law and Rules against Brian S. Fischer granted to the extent of transferring the matter to Supreme Court, Albany County, for further proceedings, without costs or disbursements. The application for an order pursuant to article 78 of the Civil Practice Law and Rules against Hon. Charles Tejada, Justice of the Supreme Court, New York County, denied, the cross motion granted and the petition dismissed, without costs or disbursements. No opinion. Order filed. Concur—Andrias, J.P., Marlow, Nardelli, Sweeny and McGuire, JJ.