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Boisvert v. Samuel S. Stratton Veterans Administration Medical Center

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 10, 2006

SHEILA A. BOISVERT, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF HARVEY P. BOISVERT, DECEASED, PLAINTIFF,
v.
SAMUEL S. STRATTON VETERANS ADMINISTRATION MEDICAL CENTER, DEFENDANT.

The opinion of the court was delivered by: Hon. Norman A. Mordue, D.J.

MEMORANDUM-DECISION AND ORDER

In this action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., defendant moves to substitute the United States as the defendant and for summary judgment. By letter (Dkt. No. 15), plaintiff's counsel advises that plaintiff has no opposition to the motion. Upon review of the file, the Court concludes that the relief requested by defendant is warranted.

It is therefore ORDERED that defendant's motion (Dkt. No. 14) is granted, the United States is substituted as the defendant, and the action is dismissed.

IT IS SO ORDERED.

20060310

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