Lane v. Carpinello et al

Filing 88

ORDER: ORDERED, that the 87 Report and Recommendation of Magistrate Judge David E. Peebles filed 8/31/09 is ACCEPTED in its entirety for the reasons stated therein. ORDERED, that Plaintiff's 57 Motion for Partial Summary Judgment is DENIED. Defendant's 79 Cross-Motion for Summary Judgment is GRANTED, and the Plaintiff's complaint is DISMISSED in its entirety. Signed by Judge Gary L. Sharpe on 9/24/09. (Attachments: # 1 Report and Recommendation) (Order with RR served on plaintiff by regular mail)(alh, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------WARREN LANE, Plaintiff, -v.Civil Action No. 9:07-cv-751 (GLS/DEP) SHARON E. CARPINELLO, Commissioner, New York State Office of Mental Health; DONALD SAWYER, Director; SHARON BARBOZA, M.D.; JEFFREY NOWICKI, Social Worker; ANTHONY LUCENTI, Social Worker; J. CROCIATA, Nurse; MICHAEL BABULA, Treatment Assistant; FRANK MENZ, Treatment Assistant; STEPHEN COPPOLA, Treatment Assistant Central New York Psychiatric Center; and BARBARA BEBE, Facility Review Specialist, New York State Commission for Quality of Care, Defendants. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: WARREN LANE Plaintiff, Pro Se 2440 Hunter Avenue #10C Bronx, New York 10475 OF COUNSEL:

FOR THE DEFENDANTS: HON. ANDREW M. CUOMO Attorney General of the State of New York The Capitol Albany, New York 12224-0341 GARY L. SHARPE, U.S. DISTRICT JUDGE ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge David E. Peebles, duly filed August 31, 2009. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed August 31, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the plaintiff's motion for partial summary judgment (Dkt. No. 57) is DENIED, defendants' cross-motion for summary judgment (Dkt. No. 79) is GRANTED, and the plaintiff's complaint is DISMISSED in its
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DEAN J. HIGGINS Assistant Attorney General

entirety, and it is further ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED. Dated: September 24, 2009 Albany, New York

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