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Dimperio v. New York State Department of Corrections

United States District Court, N.D. New York

March 25, 2015

CARL A. DIMPERIO, JR., Plaintiff,
v.
NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Defendant.

CARL A. DIMPERIO, JR. Plaintiff Pro Se Liverpool, NY,

HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, TIFFINAY M. RUTNIK, ESQ., Ass't Attorney General, Attorney for Defendant, Albany, NY.

DECISION & ORDER

DAVID N. HURD, District Judge.

Plaintiff brought this action alleging violations of his rights pursuant to the Americans with Disabilities Act. On February 18, 2015, the Honorable Randolph F. Treece, United States Magistrate Judge, advised, by Report-Recommendation that plaintiff's motion for summary judgment be denied, defendant's cross-motion for summary judgment be granted, and plaintiff's complaint be dismissed in its entirety. Plaintiff timely filed objections to the Report-Recommendation.

Based upon a de novo review of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1).

Therefore, it is

ORDERED that

1. Plaintiff's motion for summary judgment is DENIED;

2. Defendant's cross-motion for summary judgment is GRANTED;

3. Plaintiff's complaint is DISMISSED in its entirety; and

4. The Clerk is directed to enter judgment accordingly, serve a copy of this Decision and Order upon plaintiff in accordance with the Local Rules, and close the file.

IT IS SO ORDERED.


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