Ordered that the order is modified (1) by deleting the provision thereof granting those branches of the cross motion which were for leave to amend the complaint and substituting therefor a provision granting the cross motion solely to the extent of granting leave to assert a cause of action pursuant to 42 USC § 1983 based on a deprivation of the fifth amended liberty interest against the defendants James Vergano and James Campbell, (2) by deleting the provision thereof...
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