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KOEHL v. MIRZA

No. 216 SSM 50.

13 N.Y.3d 897 (2009)

895 N.Y.S.2d 287

2009 NY Slip Op 9316

EDWARD KOEHL, Appellant, v. S. MIRZA et al., Respondents.

Court of Appeals of New York.

Decided December 17, 2009.

Attorney(s) appearing for the Case

Edward Koehl, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Robert M. Goldfarb, Barbara D. Underwood and Andrea Oser of counsel), for respondents.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, without costs, by reinstating plaintiff's claims under 42 USC § 1983 and remitting the case to Supreme Court, Clinton County, for further proceedings on those claims, and, as so modified, affirmed (see Haywood v Drown, 556 US ___, 129 S.Ct. 2108 [2009], on remand 13 N.Y.3d 760

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