Dimperio v. New York State Department of Corrections and Community Supervision et al, No. 9:2013cv01010 - Document 46 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER: The 43 Report-Recommendation is accepted in whole. ORDERED, that Plaintiff's 18 motion for summary judgment is DENIED. ORDERED, that Defendant's 34 cross-motion for summary judgment is GRANTED. ORDERED, that Plaintiff's complaint is DISMISSED in its entirety. ORDERED, that the Clerk is directed to enter judgment accordingly, serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, and close the file. Signed by Judge David N. Hurd on 3/25/15. (served on plaintiff by regular and certified mail) (alh, )
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Dimperio v. New York State Department of Corrections and Community Supervision et al Doc. 46 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------CARL A. DIMPERIO, JR., Plaintiff, -v- 9:13-CV-1010 (DNH/RFT) NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Defendant. -------------------------------APPEARANCES: CARL A. DIMPERIO, JR. Plaintiff Pro Se 7087 Buckley Road Liverpool, NY 13088 HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendant The Capitol Albany, NY 12224 TIFFINAY M. RUTNIK, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this action alleging violations of his rights pursuant to the Americans with Disabilities Act. On February 18, 2015, the Honorable Randolph F. Treece, United States Magistrate Judge, advised, by Report-Recommendation that plaintiff's motion for summary judgment be denied, defendant's cross-motion for summary judgment be Dockets.Justia.com granted, and plaintiff's complaint be dismissed in its entirety. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1). Therefore, it is ORDERED that 1. Plaintiff's motion for summary judgment is DENIED; 2. Defendant's cross-motion for summary judgment is GRANTED; 3. Plaintiff's complaint is DISMISSED in its entirety; and 4. The Clerk is directed to enter judgment accordingly, serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, and close the file. IT IS SO ORDERED. Dated: March 25, 2015 Utica, New York. -2-
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