PERKINS v. McGRAIN

516135

112 A.D.3d 1018 (2013)

975 N.Y.S.2d 924

2013 NY Slip Op 8167

MICHAEL PERKINS, Appellant, v. MARK D. McGRAIN et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 5, 2013.


Garry, J.

Appeal from an order of the Supreme Court (Reynolds Fitzgerald, J.), entered December 26, 2012 in Chemung County, which granted defendants' motion to dismiss the complaint.

In December 2011, plaintiff, an inmate in the custody of the Department of Corrections and Community Supervision, commenced this action pursuant to 42 USC § 1983 against defendants, all Department employees, claiming that they negligently and/or intentionally deprived him...

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