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GOLDBERG v. PETERS

288 A.D.2d 435 (2001)

732 N.Y.S.2d 908

RICHARD H. GOLDBERG, Appellant, v. GINA PETERS, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 26, 2001.

Ordered that the order is affirmed, with costs.

In opposition to the respondent's prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact that the respondent was acting under color of law (see, 42 USC § 1983; Dahlberg v Becker, 748 F.2d 85, cert denied 470 U.S. 1084; Powell v Jarvis, 460 F.2d 551

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