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17-558 - Smith v. New York State et al


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17-558 - Smith v. New York State et al
January 10, 2018
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DECISION AND ORDER: ORDERED, that Plaintiff's Motion (Dkt. No. 13) is GRANTED in part and DENIED in part. ORDERED, that Plaintiffs Motion is GRANTED with respect to his negligence claim against defendants Martuscello, Smith, Miller, Baldwin, and Rizzi, which SURVIVES initial review and requires a response from these defendants. The Court construes the Complaint to plead negligence as an alternative to Plaintiff's First Amendment retaliation and Eighth Amendment claims. Plaintiff's Motion is otherwise DENIED. ORDERED, that the Clerk of the Court shall provide Plaintiff with copies of the unpublished decisions cited in this Decision and Order. Signed by Senior Judge Lawrence E. Kahn on 1/10/18. (Attachments: # (1) Unpublished Decisions Cited) (served on plaintiff by regular mail)(alh, )