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15-011 - Robertson et al v. Allen et al


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15-011 - Robertson et al v. Allen et al
January 15, 2016
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MEMORANDUM-DECISION and ORDER - That defendants' motions (Dkt. Nos. 15, 20, 42, 54, 58, 67) are GRANTED as follows: GRANTED with respect to claims challenging Family Court's neglect finding or dispositional order against Ulster County Department of Social Services, which are DISMISSED WITH PREJUDICE. GRANTED with respect to claims pursuant 42 U.S.C. § 1983 against defendants Melissa Roche, Jillian E. Jakcson, Esq., Michael Hein, Dr. Rebecca Arp, Lawrence R. Shelton, Esq., Michael Iapoce, and Ted J. Stein, Esq., which are DISMISSED WITHOUT PREJUDICE, and the Clerk is directed to terminate the parties from this action. GRANTED with respect to all claims against defendants Ulster County Family Court, the State of New York Office of the Attorney General, New York State Commission on Judicial Conduct, and New York State Division of Criminal Justice Services, which are DISMISSED WITH PREJUDICE, and the Clerk is directed to terminate these parties from this action. GRANTED with respect to all claims against defendant Judge Anthony McGinty, which are DISMISSED WITH PREJUDICE, and the Clerk is directed to terminate this defendant from this action. GRANTED with respect to claims pursuant to 42 U.S.C. § 1983 against defendants Jennifer Allen and Pamela Joern, Esq., which are DISMSISED WITH PREJUDICE. GRANTED with respect to all claims raised on behalf of L.R. against Martin B. Cocose, Esq., which are DISMISSED WITH PREJUDICE. GRANTED with respect to plaintiffs' state law ineffective assistance of counsel claim against Michael C. Mauceri, Esq., which is DISMISSED WITHOUT PREJUDICE. GRANTED with respect to plaintiffs' Fourteenth Amendment substantive due process claim, which is DISMISSED WITH PREJUDICE. GRANTED with respect to all other claims against the remaining defendants: Ulster County, Ulster County Public Defenders Office, Andrew J. Gilday, Esq., Stein Legal Services, Karen McGeeney, New York State Bar Association, Donna Weiner, Cappy Weiner, which are DISMISSED WITHOUT PREJUDICE, and the Clerk is directed to terminate these defendants. ORDERED that Dr. Arp's cross claims (Dkt. No. 26) are DISMISSED. ORDERED that claims by and against Dr. Arp are further DISMISSED pursuant to Fed. R. Civ. P. 25(a). ORDERED that plaintiffs are granted leave to file an amended complaint in full compliance with the Local Rules within thirty (30) days of the of this Order. ORDERED that should plaintiffs file an amended complaint they must serve the named defendants according to Fed. R. Civ. P. 4. ORDERED that should plaintiffs fail to file an amended complaint, the Clerk shall close this case without further order. Signed by Senior Judge Gary L. Sharpe on 1/15/2016. (jel, )
March 2, 2016
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SUMMARY ORDER - that K. Robertson be terminated from this action. That plaintiff B. Robertson's amended complaint (Dkt No. 80) is DISMISSED. Signed by Senior Judge Gary L. Sharpe on 3/2/2016. (jel, )