Colon v. Griffin et al
| Armando Colon |
| Patrick J. Griffin, M. Royce, Erik H. Raykoff, Juan C. Martinez, Ashit Patel, John Doe and Jane Doe, et al. |
| 7:2015cv07432 |
| September 18, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Sullivan |
| Nelson Stephen Roman |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
153
OPINION & ORDER re: 137 MOTION for Summary Judgment . filed by Ashit Patel, Albany Medical Center, 123 MOTION for Summary Judgment for failure to exhaust administrative remedies with respect to claim against Defendant Dr. Si dorowicz. filed by Wladyslaw Sidorowicz, 139 MOTION to Serve Certificate of Merit. filed by Armando Colon. Since the Court dismisses the Amended Complaint against Medical Defendants, it need not decide Plaintiff's motion for leave to a file a belated certificate of merit pursuant to N.Y.C.P.L.R. § 3012-a(a). Accordingly, Plaintiff's motion is denied as moot. For the foregoing reasons, Defendant Sidorowicz and Medical Defendants' respective motions for summary judgment are GRANTED, and the Amended Complaint is dismissed as against them. The Court's dismissal of Plaintiff's claims against Defendant Sidorowicz is with prejudice. The Court's dismissal of Plaintiff's medical mal practice claims is without prejudice to properly refiling those claims in state court. Plaintiff's motion for leave to serve a late certificate of merit is DENIED as moot. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 123, 137, and 139 and close the case. (Signed by Judge Nelson Stephen Roman on 10/17/2019) (rj) Transmission to Orders and Judgments Clerk for processing.
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