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SANTIAGO v. NYS DEPT. OF CORRECTIONAL SERVICES

No. 89 Civ. 2069 (RPP).

725 F.Supp. 780 (1989)

Rafael SANTIAGO, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES and Dr. Melvin J. Steinhart, Defendants.

United States District Court, S.D. New York.

November 29, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of the State of New York, New York City (Ellen J. Fried, Marilyn T. Trautfield, Asst. Attys. Gen., of counsel), for defendant New York State Dept. of Correctional Services.

Martin, Clearwater & Bell, Barbara Goldberg, Richard A. Young, Stacie Young, New York City, for defendant Dr. Steinhart.

Michael H. Sussman, Yonkers, N.Y., for plaintiff.

OPINION

ROBERT P. PATTERSON, JR., District Judge.

This is a motion to dismiss for improper service of process under Federal Rule of Civil Procedure 4(d), for failure to state a cause of action under Federal Rule of Civil Procedure 12(b)(6) and for lack of subject matter jurisdiction under Federal Rules of Civil Procedure 12(b)(1) and 12(h)(3).

Plaintiff Rafael Santiago, a hispanic employee of the New York State Department of Correctional Services...

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