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IN THE MATTER OF ELLIOTT v. BUTLER

8 N.Y.3d 972 (2007)

868 N.E.2d 226

836 N.Y.S.2d 544

In the Matter of RODNEY ELLIOTT, Appellant, v. SHERYL BUTLER, as Deputy Superintendent of Programs, Eastern Correctional Facility, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 8, 2007.

Attorney(s) appearing for the Case

Rodney Elliott, appellant pro se.

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

Concur: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.

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...

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