ORDER
ARCARA, District Judge.
The above-referenced case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B), on March 4, 1998. On September 22, 2000, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion for summary judgment be denied, and that plaintiff's motion that defendant's summary judgment motion be denied be dismissed as moot.
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