Shepard v. The State Education Department/The University of the State of New York et al

Filing 123

-CLERK TO FOLLOW UP-ORDER granting 117 Motion for Summary Judgment; adopting Report and Recommendation re 122 . Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 5/3/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

B.J.S., on behalf of N.S., a child with a disability,
Plaintiff,
ORDER
07-CV-456A

v.
THE STATE EDUCATION DEPARTMENT/
THE UNIVERSITY OF THE STATE OF NEW YORK,
PAUL R. KELLY, STATE REVIEW OFFICER,
RICHARD P. MILLS, COMMISSIONER OF
EDUCATION, AND SPRINGVILLE-GRIFFITH
INSTITUTE CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION,
Defendants.

The above-referenced case was referred to Magistrate Judge Leslie G.

Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On April 15, 2013, Magistrate Judge
Foschio filed a Report and Recommendation, recommending that defendant School
District’s motion for summary judgment be granted.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Foschio’s Report and Recommendation, defendant School
District’s motion for summary judgment is granted.
The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: May 3, 2013