Matter of Elliott v Butler

Matter of Elliott v Butler 2007 NY Slip Op 03960 [8 NY3d 972] May 8, 2007 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 20, 2007

[*1] In the Matter of Rodney Elliott, Appellant,
v
Sheryl Butler, as Deputy Superintendent of Programs, Eastern Correctional Facility, et al., Respondents.

Decided May 8, 2007

Matter of Elliott v Butler, 34 AD3d 878, reversed.

APPEARANCES OF COUNSEL

Rodney Elliott, appellant pro se.

Andrew Cuomo, Attorney General, Albany (Kate H. Nepveu, Barbara D. Underwood and Daniel Smirlock of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, without costs, and matter remitted to Supreme Court, Albany County, for a traverse hearing. The parties' submissions on the motion to dismiss raise issues of fact requiring a traverse hearing.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.