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MARTIN v. NEW YORK DEPT. OF CORRECTIONAL SERVICES

No. 99-CV-1364 RFT.

224 F.Supp.2d 434 (2002)

David W. MARTIN, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; Law Enforcement Officers Union Council 82, AFSCME AFL — CIO; Dominic Mantello; William J. Connolly; Carol Nuite; and Robert Vanderbeck, Defendants.

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

September 26, 2002.

Attorney(s) appearing for the Case

Deily, Dautel & Mooney, LLP, Albany, New York (Susan S. Dauetel, of counsel), for plaintiff.

Hon. Eliot Spitzer, Attorney General for the State of New York, Litigation Bureau, The Capitol, Albany, New York (Risa L. Viglucci, Assistant Attorney General, Gerald J. Rock, Assistant Attorney General, of counsel), for DOCS, Mantello, Connolly, Nuite and Vanderbeck.

Hite & Savitt, P.C., Albany, New York (Robert S. Hite, of counsel), for Council 82.

MEMORANDUM-DECISION AND ORDER

TREECE, United States Magistrate Judge.

Plaintiff David W. Martin ("Martin") brought this civil action for damages against the New York State Department of Correctional Services ("DOCS"), Dominic Mantello, William J. Connolly, Carol Nuite and Robert Vanderbeck ("State Defendants") as well as Law Enforcement Officers Union Council 82, AFSCME AFL — CIO ("Council 82"...

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