Ali v. Hogan et al, No. 9:2012cv00104 - Document 34 (N.D.N.Y 2013)

Court Description: DECISION and ORDER: ORDERED that 32 Report and Recommendations is accepted and adopted in whole. ORDERED that 23 Motion for judgment on the pleadings is granted as to (a) Plaintiff's § 1983 claim is DISMISSED; (b) Plaintiff 9;s claims pursuant to the ADA and Rehabilitation Act against defendants in their individual capacities are DISMISSED; (c) Plaintiff's New York State Human Rights Law claims against defendants in their official capacities are DISMISSED; (d) Plai ntiff's claims pursuant to the Rehabilitation Act for monetary damages against defendants in their official capacities are DISMISSED; (e) Plaintiff's claim pursuant to the New York Mental Hygiene Law is DISMISSED with prejudice pursuant t o 28 U.S.C. § 1915(d)(2). Defendants' motion for judgment on the pleadings is DENIED as follows: (a) DENIED as to plaintiff's New York State Human Rights Law claim against defendants in their individual capacities; (b) DENIE D as to plaintiff's claims pursuant to the ADA and the Rehabilitation Act for declaratory and injunctive relief against defendants in their official capacities; (c) DENIED, without prejudice, as to plaintiff's claims pursuant to the ADA f or monetary damages against defendants in their official capacities; and (d) DENIED, without prejudice, as to defendants' qualified immunity defense. Signed by Judge David N. Hurd on 9/30/13. {order served via regular mail on plaintiff}(nas)