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FAROOQ v. NYS OFF. OF HEALTH

192 Misc.2d 30 (2002)

744 N.Y.S.2d 837

SYED A. FAROOQ, Plaintiff, v. NEW YORK STATE OFFICE OF MENTAL HEALTH et al., Defendants.

Supreme Court, Erie County.

June 20, 2002.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Peter B. Sullivan of counsel), for defendants.

David G. Jay for plaintiff.

OPINION OF THE COURT

JOSEPH D. MINTZ, J.

Defendants move for summary judgment dismissing the complaint in this action based upon state remedies and federal remedies under 42 USC § 1983. After oral argument, this court dismissed all of the causes of action except for the cause of action under section 1983. The remaining issue is to what extent the issues in the section 1983 cause of action are to be litigated...

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