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Lane v. Carpinello

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 24, 2009

WARREN LANE, PLAINTIFF,
v.
SHARON E. CARPINELLO, COMMISSIONER, NEW YORK STATE OFFICE OF MENTAL HEALTH; DONALD SAWYER, DIRECTOR; SHARON BARBOZA, M.D.; JEFFREY NOWICKI, SOCIAL WORKER; ANTHONY LUCENTI, SOCIAL WORKER; J. CROCIATA, NURSE; MICHAEL BABULA, TREATMENT ASSISTANT; FRANK MENZ, TREATMENT ASSISTANT; STEPHEN COPPOLA, TREATMENT ASSISTANT CENTRAL NEW YORK PSYCHIATRIC CENTER; AND BARBARA BEBE, FACILITY REVIEW SPECIALIST, NEW YORK STATE COMMISSION FOR QUALITY OF CARE, DEFENDANTS.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report- Recommendation by Magistrate Judge David E. Peebles, duly filed August 31, 2009. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed August 31, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that the plaintiff's motion for partial summary judgment (Dkt. No. 57) is DENIED, defendants' cross-motion for summary judgment (Dkt. No. 79) is GRANTED, and the plaintiff's complaint is DISMISSED in its entirety, and it is further

ORDERED, that the Clerk of the court serve a copy of this order upon the parties in accordance with this court's local rules.

IT IS SO ORDERED.

20090924

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