In Matter of Dalliessi v. Marbach (56 AD2d 858 [2d Dept 1977]), the Court found that Supreme Court did not have authority to remove a County Court case to itself. The Court in Dalliessi reasoned that CPLR 325 does not authorize a removal on ground that the County Court calendar was congested. A distinguishing factor there, however, was the apparent fact that there was no order of transfer (see, id.). At least two other cases, however, have approved removal by Supreme Court of lower court cases to itself. The Court granted a CPLR article 78 petition which sought to prohibit a supreme court justice from taking any further action with respect to a case brought in the county court. In so doing, the court held, in pertinent part: "The State Constitution (art VI, 19, subd. [a]) provides, in relevant part, that 'the supreme court may transfer to itself any action or proceeding originated or pending in another court within the judicial department . . . upon a finding that such a transfer will promote the administration of justice.' However, this power is limited by an introductory clause, 'as may be provided by law'. CPLR 325 sets forth the grounds for removal of cases by the Supreme Court from courts of limited jurisdiction and CPLR 326 establishes the 'procedure on removal'. CPLR 325 does not authorize a transfer on the grounds set forth by the court herein. Under CPLR 326 (subd [b]), an order of removal is required. No such order appears among the papers in support of this motion. Under the facts herein, the application should be granted" (id.).