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YOONESSI v. STATE UNIV. OF NEW YORK

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK


August 26, 1994

MAHMOOD M. YOONESSI, M.D., Plaintiff,
v.
STATE UNIVERSITY OF NEW YORK, et al., Defendants.

HONORABLE RICHARD J. ARCARA, UNITED STATES DISTRICT COURT

The opinion of the court was delivered by: RICHARD J. ARCARA

DECISION AND ORDER

This case is currently before the Court pursuant to 28 U.S.C. § 636(c)(4) and Rule 30(b)(2)(B) of the Local Rules for the United States District Court for the Western District of New York, on an appeal by the plaintiff, Mahmood M. Yoonessi, from a judgment entered by order of United States Magistrate Judge Carol E. Heckman on November 30, 1993. The complaint in this action was filed on January 29, 1993. All the defendants in the case eventually moved to dismiss the complaint. On June 7, 1993, the Court referred the case to Magistrate Judge Heckman for all pretrial matters, and to hear and report upon dispositive motions. On August 17, 1993 the parties, pursuant to 28 U.S.C. § 636(c)(1), consented to have Magistrate Judge Heckman conduct any and all proceedings in this matter and to order entry of judgment in the case. The parties reserved the right to appeal the judgment to this Court and the Second Circuit Court of Appeals. See Item No. 21. In a Decision and Order dated November 22, 1993, Magistrate Judge Heckman granted defendants summary judgment pursuant to Fed. R. Civ. P. 56. It is from Magistrate Judge Heckman's Decision and Order of November 22, 1993 and subsequent judgment that plaintiff now appeals. The parties have been given an opportunity to brief and argue their respective positions. *fn1"

 In an appeal from a judgment ordered entered by a Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1), the district court must consider the appeal in the same manner as an appeal from a judgment of the district court to the court of appeals. See 28 U.S.C. § 636(c)(4) and Rule 30(b)(2)(B)(v) of the Local Rules for the United States District Court for the Western District of New York. When reviewing a district court's grant of summary judgment, the court of appeals applies a de novo standard of review, assessing the record in the light most favorable to the non-moving party and applying the same standard as that applied by the district court. See Commercial Union Assurance Co. v. Milken, 17 F.3d 608, 611 (2d Cir. 1994). Under Fed. R. Civ. P. 56(c), summary judgment shall be granted if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

 After reviewing the submissions of the parties, hearing oral argument, and reviewing the record in this case de novo, the Court affirms the Judgment ordered entered by Magistrate Judge Heckman on November 30, 1993 for the reasons articulated in her Decision and Order dated November 22, 1993.

 IT IS SO ORDERED.

 HONORABLE RICHARD J. ARCARA

 UNITED STATES DISTRICT COURT

 Dated: August 26, 1994


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