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Small v. City of New York

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


December 27, 2005

MARIETTA SMALL, PUBLIC ADMINISTRATOR OF KINGS COUNTY, AS ADMINISTRATOR OF THE ESTATE OF ANDY M. HERRERA, ET. AL., PLAINTIFFS,
v.
CITY OF NEW YORK, ET. AL., DEFENDANTS.
MARIA PENA, INDIVIDUALLY, AND AS THE ADMINISTRATOR OF THE ESTATE OF DILCIA PENA, PLAINTIFFS,
v.
CITY OF NEW YORK, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Gershon, United States District Judge

ORDER

This order is in response to the December 14, 2005 letter from Gregory M. Longworth, on behalf of defendants Conway, Welsh, Sills, Prinzano, Gaudio, Desario, Alba, Chaves, McGill, Hilderbrand, Finkelstein, Immitt and Gallo (the "Individual Police Officer Defendants"), requesting entry of an order dismissing the state-created danger claims as to those defendants on the basis of qualified immunity, in accordance with the decision by the United States Court of Appeals for the Second Circuit, in Pena v. Deprisco, __ F.3d __, 2005 WL 3340380 (2d Cir. December 9, 2005).

This court may not enter such an order until the issuance of a Mandate from the Second Circuit.

The application for a stay of all other proceedings associated with these cases is denied.

SO ORDERED.

NINA GERSHON United States District Judge

20051227

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