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WRIGHT v. GOORD

Docket Nos. 06-1728(L), 06-1808-pr.

554 F.3d 255 (2009)

Melvin M. WRIGHT, Jr., as Administrator of the Affairs of Melvin O. Wright, deceased, Plaintiff-Appellant, v. Glenn S. GOORD, Commissioner; A. Dire, Corrections Officer, Coxsackie Correctional Facility; M. Dermutt, Corrections Officer, Coxsackie Correctional Facility; M. Kasunic, Corrections Officer, Coxsackie Correctional Facility; Gary H. Filion, Superintendent of Coxsackie Correctional Facility; Tiberis, Corrections Officer, Coxsackie Correctional Facility; Zimber, Corrections Officer, Coxsackie Correctional Facility; and A. Morris, Corrections Officer, Coxsackie Correctional Facility, Defendants-Appellees, New York State Department of Correctional Services, New York State, and David A. Paterson, Governor of New York State in his official capacity, Defendants.

United States Court of Appeals, Second Circuit.

Decided: February 3, 2009.

Attorney(s) appearing for the Case

Carolyn A. Kubitschek, New York, N.Y. (Darius Charney, Lansner & Kubitschek, New York, NY, Efaon Cobb, law student intern, Daniil Karp, student intern, on the brief), for Plaintiff-Appellant.

Martin A. Hotvet, Assistant Solicitor General of the State of New York, Albany, N.Y. (Andrew M. Cuomo, Attorney General, Barbara D. Underwood, Solicitor General, Andrea Oser, Deputy Solicitor General, Albany, NY, on the brief), for Defendants-Appellees.

Before: JACOBS, Chief Judge, KEARSE and KATZMANN, Circuit Judges.

KEARSE, Circuit Judge:

In these consolidated appeals, plaintiff Melvin M. Wright, Jr., as administrator of the affairs of Melvin 0. Wright ("Wright"), who was an inmate in the custody of the New York State Department of Correctional Services ("DOCS") from 1982 until November 2007, a month before his death, pursues challenges to summary judgments entered in two actions in the United States District Court for the Northern District of New York dismissing Wright's claims...

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