Instructions: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Input: (S.D.N.Y. Dec. 12, 2002) (failure to exhaust ineffective assistance claim does not create procedural bar in light of CPL § 440.10(3)(c)); Marchese v. Senkowski, No. 97 Civ.2055, 1999 WL 731011, at *6 n. 4 (E.D.N.Y. Sept. 15, 1999) (same)); accord Affser v. Murray, No. 04 CV 2715, 2008 WL 2909367, at *4 (E.D.N.Y. July 28, 2008) (“But those claims [of ineffective assistance of trial counsel] are not necessarily defaulted. Petitioner could raise them in yet another motion to vacate, and under § 440.10(3)(c) the state court could, in its discretion, review the claims on their merits despite petitioner’s failure to assert them in his previous motion to vacate.”); see also Reyes v. Phillips, 02 Civ. 7319, 2005 U.S. Dist. LEXIS 19488, *14-18, 2005 WL 2173812, *4-6 (S.D.N.Y. Sept. 6, 2005) (<HOLDING>); but see Caicedo v. Garvin, No. 95 CV 
 Holding statements: (A) holding that the lower court was not required to hold a hearing on a motion to transfer (B) holding that because section 440103b was discretionary the court was not prepared to hold that petitioner could not return to file a second section 44010 motion (C) holding premagwood that where a first  2255 motion was granted so movant could file a direct appeal the second  2255 motion was not a successive motion under aedpa (D) holding that substance of motion to extend time was a section 1301f motion rather than a section 1301g motion and that trial court did not abuse discretion in denying the section 1301f motion (E) holding that a district court lacks jurisdiction to review a second or successive  2255 motion where the movant failed to obtain authorization to file the motion from this court
Output:
holding that the lower court was not required to hold a hearing on a motion to transfer