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NICHOLAS v. MILLER

No. 96 Civ. 4249(WK).

109 F.Supp.2d 152 (2000)

Jason B. NICHOLAS, Plaintiff, v. Thomas J. MILLER, Robert Hanslmaier, and New York State Department of Correctional Services, Defendants.

United States District Court, S.D. New York.

July 21, 2000.

Attorney(s) appearing for the Case

Martin L. Zerwitz, Schulte Roth & Zabel LLP, New York, NY, Jason B. Nicholas, Warwick, NY, for Plaintiff.

Nicola N. Grey, Office of the Attorney General, State of New York, New York, NY, for Defendant.

OPINION & ORDER

WHITMAN KNAPP, Senior District Judge.

BACKGROUND

We assume familiarity with the background information set forth in the prior decisions in this matter of this Court and the Court of Appeals. See Nicholas v. Miller (2d Cir.1999) 189 F.3d 191.

Plaintiff Jason Nicholas (hereinafter "plaintiff") sued defendant New York State Department of Corrections (hereinafter "defendant...

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