Davis v. Carney, et al, No. 1:2006cv01323 - Document 96 (N.D.N.Y 2010)
Court Description: DECISION and ORDERED, that Plaintiffs Complaint is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on February 04, 2010. (sas)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK GREG DAVIS, Plaintiff-Appellee, -against- 1:06-CV-01323 (LEK) BRIAN U. STRATTON, Mayor, and MICHAEL N. GERACI, SR., Chief of Police, Defendants-Appellants. DECISION AND ORDER This Court has received a Summary Order from the United States Court of Appeals for the Second Circuit in the above captioned matter. Dkt. No. 95. Therein, the Second Circuit reviewed the Court s September 9, 2008 Judgment (Dkt. No. 79) which enjoined Defendants-Appellants from (i) applying N.Y. Penal Law ยง 140.05 to shut down protected speech; and (ii) prohibiting Plaintiff from preaching the Gospel, leafleting, videotaping, and holding signs in certain designated public fora of the Schenectady County Community College. The Second Circuit granted DefendantsAppellants appeal, reversing the Judgment of this Court and ordered this Court to dismiss PlaintiffAppellee s complaint. Accordingly, it is hereby 1 ORDERED, that Plaintiff s Complaint is DISMISSED; and it is further ORDERED, that the Clerk of the Court shall serve a copies of this Order on all parties. IT IS SO ORDERED. DATED: February 04, 2010 Albany, New York 2
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