December 17, 2009
EDWARD KOEHL, APPELLANT,
S. MIRZA ET AL., RESPONDENTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
On review of submissions pursuant to section 500.11 of the Rules, order modified, without costs, by reinstating plaintiff's claims under 42 USC § 1983 and remitting the case to Supreme Court, Clinton County, for further proceedings on those claims, and, as so modified, affirmed (see Haywood v Drown, 556 US , 129 S Ct 2108 , on remand 13 NY3d 760 ).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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