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SMITH v. MASTERSON

No. 05 Civ. 2897.

538 F.Supp.2d 653 (2008)

Kenneth SMITH, Plaintiff, v. Donna M. MASTERSON; Glenn S. Goord; William E. Phillips; Nurse Administrator(s) & Facility Health Services 9FHSD0 Directors and Americans With Disabilities Act Program Compliance Officers at 12 N.Y. State Dept. of Correctional Services (DOCS) Facilities (John Doe/Jane Roes # 1-39); John Serhan, Byron Rodas, Keith P. Walsh, Adirondack Audiology Associations, P.C.; Venka Ramani, M.D., Westchester Medical Center, et al., Defendant(s).

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

March 6, 2008.

Attorney(s) appearing for the Case

Kenneth Smith, Dannemora, NY, pro se.

Andrew M. Cuomo, Attorney General of the State of New York, by: Neil Shevlin, Esq., New York, NY, for Defendants.

OPINION

SWEET, District Judge.

Defendants Donna D'Aloia ("D'Aloia"), Commissioner Brian Fisher ("Fisher"), Robert Raymond ("Raymond"), Byron Rodas ("Rodas"), Robert Frcole ("Ercole") and Westchester County Medical Center ("WCMC") (collectively, the "Defendants") have moved for summary judgment pursuant to Rule 56, Fed.R.Civ.P. to dismiss the complaint of plaintiff Kenneth Smith ("Smith" or the "Plaintiff"). For the reasons set forth below, the motion is...

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