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FERRAN v. OFFICE OF DIST. ATTORNEY OF RENSSELAER

No. 1:05-CV-0161 (DNH)(DRH).

552 F.Supp.2d 344 (2008)

Mark R. FERRAN and Nadia Ferran, Plaintiffs, v. OFFICE OF the DISTRICT ATTORNEY OF the COUNTY OF RENSSELAER; Kenneth R. Bruno, Individually and in His Official Capacity; Rensselaer County; Patricia DeAngelis, District Attorney, Individually and in Her Official Capacity; and James Canfield, Individually and in His capacity as Justice of the Supreme Court of the State of New York, Defendants.

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

May 13, 2008.

Attorney(s) appearing for the Case

Mark R. Ferran, Albany, NY, Plaintiff, pro se.

Naida Ferran, Albany, NY, Plaintiff, pro se.

Napierski, Vandenburgh & Napierski, LLP, Thomas J. O'Connor, Esq., of counsel, Albany, NY, for Defendants, Office of the District Attorney, Kenneth R. Bruno, County of Rensselaer, and Patricia D'Angelis.

Andrew M. Cuomo, Attorney General of the State of New York, Edward Lindner, Esq., Asst. Solicitor, of counsel, Albany, NY, for Defendants Department of Law.

DAVID N. HURD, District Judge.

DECISION and ORDER

I. Background

Plaintiffs Mark R. Ferran and Nadia Ferran filed a civil rights complaint on February 4, 2005. Dkt. No. 1. By Order of March 4, 2005, four of the five defendants named by plaintiffs in their complaint were dismissed as immune from liability pursuant to 42 U.S.C, § 1983. Dkt. No. 3 at 4 and 7. The only defendant remaining in plaintiffs' action was Rensselaer...

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