Elliott v. Butler

N.Y.

Court: New York Court of Appeals

Citations: 8 N.Y.3d 972, 836 N.Y.S.2d 544, 868 N.E.2d 226

Decision Date: 5/8/2007

Jurisdiction: NY

Bluebook Citation: Elliott v. Butler, 8 N.Y.3d 972, 836 N.Y.S.2d 544, 868 N.E.2d 226 (2007)

More Cases: N.Y. decisions from 2007

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

Attorneys

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.

majority

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.

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