Mugglin, J.
Plaintiff, an inmate, brought this action against defendant, individually—not in his capacity as a correction officer—seeking compensatory and punitive damages based on, among other things, allegations of assault, intentional infliction of emotional harm and unlawful violation of constitutional rights. Defendant, pursuant to CPLR 3211 (a) (2), moved for dismissal, arguing that Supreme Court lacked subject matter jurisdiction because Correction...
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