Charles v. New York State Department of Correctional Services et al

Filing 21

ORDER that 20 Report and Recommendations is accepted in whole. ORDERED granting in part and denying in part 11 Motion to Dismiss. Defendants are to file and serve an answer to the complaint on or before 4/14/2009. Signed by Judge David N. Hurd on 3/31/09. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------HAROLD CHARLES Plaintiff, vs NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, et al. Defendants. -------------------------------APPEARANCES: TROUTMAN, SANDERS LAW FIRM - NY Office The Chrysler Building 405 Lexington Avenue New York, NY 10174 HON. ANDREW M. CUOMO Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224-0341 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this civil rights action pursuant to 42 U.S.C. § 1983. On March 9, 2009, the Honorable Gustave J. DiBianco, United States Magistrate Judge, advised, by Report-Recommendation, that defendants' motion to dismiss be granted in part and denied in part. No objections to the Report-Recommendation were filed. OF COUNSEL: AARON H. MENDELSOHN, ESQ. AMANDA R. GAYNOR, ESQ. 9:07-CV-1274

ADRIENNE J. KERWIN, ESQ. Ass't Attorney General

Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendants' motion to dismiss is GRANTED only to the extent that the complaint can be read to allege an ADA or RA claim in defendants' "individual capacities;" 2. Defendants' motion to dismiss is DENIED in all other respects; and 3. Defendants file and serve an Answer to the Complaint on or before April 14, 2009. IT IS SO ORDERED.

Dated: March 31, 2009 Utica, New York.

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