UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
May 10, 2007
EDWARD VEGA, PLAINTIFF,
FLOYD BENNETT, SUPERINTENDENT ELMIRA CORRECTIONAL FACILITY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
On April 9, 2007, defendants in this action filed a motion for summary judgment. By letter to the Court dated May 8, 2007, counsel for defendants states that he seeks to withdraw that motion based on controlling Second Circuit precedent.
Defendants' application is granted. Defendants' motion for summary judgment (Dkt. #39) is deemed withdrawn and denied.
IT IS SO ORDERED.
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