JOHNSON v. McKAY

530188.

208 A.D.3d 1558 (2022)

175 N.Y.S.3d 748

2022 NY Slip Op 05359

Johnathan Johnson, Appellant, v. Jeff McKay et al., Respondents.

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

Decided September 29, 2022.


Attorney(s) appearing for the Case

Johnathan Johnson, Marcy, appellant pro se.

Letitia James , Attorney General, Albany ( Kevin C. Hu of counsel), for respondents.

Garry, P.J., Egan Jr., Clark and McShan, JJ., concur.


In 2013, plaintiff, an incarcerated individual, commenced an action in Supreme Court, asserting 42 USC § 1983 claims alleging that, during the time period of 2010 to 2013, defendants violated his right to access the courts under the US Constitution. Defendants removed the action to federal court (see 28 USC §§ 1441...

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