ROBERTS v. NEW YORK STATE DEPT. CORRECTIONAL SERV.

No. 95-CV-223C(F).

63 F.Supp.2d 272 (1999)

Michael ROBERTS, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Defendant. and United States of America, Intervenor.

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

June 2, 1999.


Attorney(s) appearing for the Case

Wyssling, Schwan & Montgomery, Richard H. Wyssling, of Counsel, Buffalo, for Plaintiff.

Elliot L. Spitzer, New York State Attorney General, Jerry McGrier, Sr., Assistant Attorney General, of Counsel, Buffalo, for New York State.

Janet L. Reno, Attorney General, John L. Wodatch, Renee M. Wohlenhaus, Bebe Novich, of Counsel, Disability Rights Section, United States Department of Justice, for United States of America, Intervenor.

Denise E. O'Donnell, United States Attorney, Mary E. Fleming, Assistant United States Attorney, of Counsel, Buffalo, for Intervenor.


ORDER

CURTIN, District Judge.

On March 16, 1999, United States Magistrate Judge Leslie G. Foschio filed his report and recommendation on plaintiff's motion for summary judgment and defendant's motion to dismiss and for summary judgment. Magistrate Judge Foschio recommended that plaintiff's motion be denied and that defendant's motion be granted (Item 37).

On March 31, 1999, the plaintiff filed objections to the report and recommendation; and on May...

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