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CICIO v. VYTRA HEALTHCARE

No. 00-CV-3047(JS)(ETB).

208 F.Supp.2d 288 (2001)

Bonnie CICIO, Individually and as administratrix of the Estate of Carmine Cicio, Plaintiff, v. VYTRA HEALTHCARE, Brent Spears, M.D., Individually, and John Does, 1-8, Defendants.

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

September 28, 2001.

Attorney(s) appearing for the Case

David L. Trueman, Mineola, NY, Joel J. Ziegler, Smithtown, NY, for plaintiff.

Michael H. Bernstein, Sedgwick, Detert, Moran & Arnold, New York City, for defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

SEYBERT, District Judge.

On June 21, 2000, Defendants moved for an order of dismissal pursuant to Fed. R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. On June 28, 2000, Plaintiff moved to remand this action to the Supreme Court of the State of New York, Suffolk County, pursuant to 28 U.S.C. § 1447(c). By Order dated August 22, 2000, this Court referred the motion to Magistrate...

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