MALERBA v. SELSKY

No. 92-CV-998.

872 F.Supp. 1136 (1995)

Vincent MALERBA, Plaintiff, v. Donald SELSKY, Dept. Commissioner; Roy Althouse, Asst. Ind. Superintendent, Defendants.

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

January 10, 1995.


Attorney(s) appearing for the Case

Vincent Malerba, pro se.

Dennis Vacco, Atty. Gen., State of New York, Sue H.R. Adler, Asst. Atty. Gen., Albany, NY, for defendants.


SCULLIN, District Judge.

DECISION AND ORDER

Presently before this court is the December 20, 1993, Report and Recommendation of Magistrate Judge David N. Hurd, recommending that defendants' motion to dismiss the complaint be granted in part and further that the motion be converted to one for summary judgment and be granted in part and denied in part. Objections to the Report-Recommendation were submitted by the parties and duly considered by the court...

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