Opinion
Motion No: 519261
10-16-2014
In the Matter of DAVID FINCHUM, Petitioner, v. TIMOTHY SHEEHAN, as Superintendent of Washington Correctional Facility, Respondent.
DECISION AND ORDER ON MOTION
Motion to vacate order of transfer and for further relief. It is noted, procedurally, that 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 no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, without costs, to the extent that the order of transfer dated June 25, 2014 is vacated and the matter is remitted to Supreme Court for further proceedings. Respondent shall file with Supreme Court and serve upon petitioner an answer on or before November 17, 2014.
Peters, P.J., Garry, Rose and Lynch, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court