Burks v. Stickney et al

Filing 58

ORDER: The Court hereby ORDERS that Plaintiff's # 55 and # 56 motion for a Temporary Restraining Order/Order to Show Cause is GRANTED effective immediately insofar as Defendants' counsel is prohibited from proceeding with any a rrangements she, any member of the New York State Attorney General's Office or the Department of Corrections and Community Supervision has made or may make in the future to have Plaintiff view the photographs of the officers who worked at C-bloc k during the relevant shift at issue in this case, with or without video and stenographic recording of said viewing, without Plaintiff's counsel being present for said viewing. Signed by Senior Judge Frederick J. Scullin, Jr. on 6/14/2017. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
MATTIEU BURKS,
Plaintiff,
v.

9:16-CV-759
(FJS/DEP)

CHAD STICKNEY, Correction Officer, Clinton
Correctional Facility; NOLAN, Correction
Officer, Clinton Correctional Facility; SMITH,
Correction Officer, Clinton Correctional
Facility; EDWARD L. PEPPER, Correction
Officer, Clinton Correctional Facility; JOHN
MARK CROSS, Sergeant, Clinton Correctional
Facility; JOHN DOE "E" BLOCK, Sergeant,
Clinton Correctional Facility; STEVEN
RACETTE, Superintendent; MICHAEL
KIRKPATRICK, Superintendent; JOHN
DOE, Supervisor in Charge of Security;
JOHN DOE 1-25, Correction Officers;
DAVID J. CHAMBERLAIN; and JOSHUA
R. WOOD,
Defendants.
________________________________________________
ATTORNEYS

OF COUNSEL

STOLL GLICKMAN & BELLINA LLP
475 Atlantic Avenue, Third Floor
Brooklyn, New York 11217
Attorneys for Plaintiff

LEO GLICKMAN, ESQ.

OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendants

DENISE P. BUCKLEY, AAG

SCULLIN, Senior Judge
ORDER
Having reviewed Plaintiff's petition, his attorney's affirmation, and the exhibits attached
thereto, see Dkt. Nos. 55-56, the Court hereby
ORDERS that Plaintiff's motion for a Temporary Restraining Order/Order to Show Cause,
see Dkt. Nos. 55-56, is GRANTED effective immediately insofar as Defendants' counsel is
prohibited from proceeding with any arrangements she, any member of the New York State
Attorney General's Office or the Department of Corrections and Community Supervision has made
or may make in the future to have Plaintiff view the photographs of the officers who worked at Cblock during the relevant shift at issue in this case, with or without video and stenographic recording
of said viewing, without Plaintiff's counsel being present for said viewing.1

IT IS SO ORDERED.
Dated: June 14, 2017
Albany, New York

1

The Court reminds counsel that their conduct is governed by the Rules of Professional
Responsibility with regard to all of their interactions with opposing parties who are represented
by counsel.
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