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.

{**8 NY3d 972}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 {**8 NY3d at 973}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.