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15-686 - Gilmore et al v. Bouboulis et al


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15-686 - Gilmore et al v. Bouboulis et al
August 29, 2016
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DECISION AND ORDER granting in part and denying in part #13 Defendants' Motion for Judgment on the Pleadings; and granting in part and denying in part #33 Plaintiffs' Cross-Motion for leave to file an Amended Complaint. Based upon Defendants''motion for judgment on the pleadings, the following claims are DISMISSED: (1) Plaintiffs' First Claim for Relief (asserting violations of SNAP statutes and implementing regulations) as to Defendants Otsego County, Bouboulis, and Muehl; (2) Plaintiffs' Second Claim for Relief (asserting a due process violation pursuant to the Fourteenth Amendment of the United States Constitution) in its entirety; and (3) Plaintiffs' Fifth Claim for Relief (asserting a due process violation pursuant to Article I, § 6 of the New York State Constitution) in its entirety. Based upon Plaintiffs' cross-motion for leave to file an Amended Complaint, and in accordance with Plaintiffs' Proposed Amended Complaint, the following claims are DISMISSED from this action: (1) Plaintiffs' Third Claim for Relief (asserting violations of the right against self-incrimination and the right to counsel pursuant to the Fifth and Fourteenth Amendments of the United States Constitution) in its entirety; and (2) Plaintiffs' Fourth Claim for Relief (asserting a violation of the right to counsel pursuant to the Sixth and Fourteenth Amendments of the United States Constitution) in its entirety. As of the date of the filing of this Decision and Order, the following claims remain PENDING in this action: (1) Plaintiffs' First Claim for Relief (asserting violations of SNAP statutes and its implementing regulations) as to Defendant Hunt only; and (2) Plaintiffs' Sixth Claim for Relief (asserting violations of 18 N.Y.C.R.R., Parts 348 and 359 and New York Social Services Law § 134-a). Plaintiffs shall, within 7 days from the date of this Decision and Order, file a revised, signed Amended Complaint that omits the claims dismissed by, and asserts only the claims permitted by, this Decision and Order. Defendants are directed to file an answer to Plaintiffs complaint within 14 days after the filing of the Amended Complaint. This case is referred back to Magistrate Judge Peebles for the setting of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 8/29/16. (lmw)