Case: Disability Rights New York v. New York State Department of Corrections and Community Supervision

U.S. Court of Appeals for the Second Circuit

Order on Letter Request

COMPLAINT against Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Filing fee $402 receipt number ANYNDC-5338162) filed by Disability Rights New York. (Attachments: # 1 Civil Cover Sheet)(mgh) (Entered: 12/04/2020)

Summons Issued as to Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Attachments: # 1 Summons Issued as to Anthony J. Annucci)(mgh) (Entered: 12/04/2020)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/4/2021 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/25/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) (Entered: 12/04/2020)

TEXT ORDER REASSIGNING CASE. Case reassigned to Chief Judge Glenn T. Suddaby for all further proceedings. Senior Judge Thomas J. McAvoy no longer assigned to case. Authorized by Senior Judge Thomas J. McAvoy on 12/4/2020. (amt) (Entered: 12/04/2020)

TEXT ORDER REASSIGNING CASE. Upon further review of this case, the Court finds that this case is related to the earlier case Disability Rights New York v. New York State Department of Corrections and Community Supervision et al.. (Case No. 1:18-CV-980 (GTS/CFH) and therefore, in the interest of judicial economy, the Court sua sponte directs the Clerk to reassign this case to Magistrate Judge Christian F. Hummel as the magistrate judge in this action. Magistrate Judge Daniel J. Stewart no longer assigned to case. The undersigned remains assigned as the district judge in the action. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/4/2020. (sal ) (Entered: 12/04/2020)

Letter Motion from Plaintiff to File and Serve the Summons and Complaint Using Pseudonyms for Disability Rights New York requesting Letter Motion to File and Serve the Summons and Complaint Using Pseudonyms submitted to Judge Hon. Glenn T. Suddaby . (Attachments: # 1 Affirmation)(Tomlinson, Brandy) (Entered: 12/04/2020)

MOTION for Preliminary Injunction Motion Hearing set for 1/21/2020 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 1/6/2020 Reply to Response to Motion due by 1/10/2020. filed by Disability Rights New York. (Attachments: # 1 Motion for TRO/PI Motion for PI, # 2 Proposed Order/Judgment, # 3 Memorandum of Law, # 4 Declaration Declaration of Tomlinson, # 5 Declaration Declaration of Caturano, # 6 Declaration Declaration of Keegan) (Tomlinson, Brandy) (Additional attachment(s) added on 12/7/2020: # 7 Sealed Exhibits) (sal, ). (Entered: 12/04/2020)

Letter Motion from Plaintiff to File Exhibits Under Seal for Disability Rights New York requesting Letter Motion to File Exhibits Under Seal submitted to Judge Hon. Glenn T. Suddaby . (Attachments: # 1 Proposed Order/Judgment)(Tomlinson, Brandy) (Entered: 12/04/2020)

AMENDED G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/15/2021 at 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/8/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) (Entered: 12/04/2020)

TEXT ORDER provisionally granting 6 Plaintiff's letter-motion to File and Serve the Summons and Complaint Using Pseudonyms for the reasons stated in the letter-motion. If Defendants oppose the letter-motion, they may file an opposition to it once they appear in the action. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/4/2020. (sal) (Entered: 12/04/2020)

TEXT ORDER granting 8 Plaintiff's letter-motion to seal exhibits under Local Rule 83.13(a) for the reasons stated in the letter-motion. Under the legal standard set forth in Lugosch v. Pyramid Co. of Onondaga Cty., 435 F.3d 110, 125-26 (2d Cir. 2006), the Court finds that such sealing is (1) essential to preserve values higher than a qualified First Amendment right of access to the material and (2) narrowly tailored to serve that interest. More specifically, the Court finds that the individuals in question possess a strong privacy interest in the information contained in the exhibits. Moreover, the Court finds that a word-by-word or even a page-by-page redaction is an unfeasible alternative given the fact that the material in need of redaction pervades the exhibits. As a result, the Clerk of the Court is directed to place the referenced exhibits under seal. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/4/2020. (sal ) (Entered: 12/04/2020)

TEXT NOTICE of re 7 Motion for Preliminary Injunction : Response to Motion due by 1/6/2021. Reply to Response to Motion due by 1/13/2021. This motion is taken on submission of the papers and returnable on 1/21/2021 before Chief Judge Glenn T. Suddaby. No appearances are required. (sal )

NOTICE of Appearance by Brian W. Matula on behalf of Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Matula, Brian) (Entered: 01/05/2021)

Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting extension of time (Feb. 5, 2021) to file opposition to motion for preliminary injunction and to answer complaint (ON CONSENT) submitted to Judge Christian F. Hummel . (Matula, Brian) (Entered: 01/05/2021)

TEXT ORDER granting Defendants' 13 letter request for an extension of time to file an answer to the complaint and respond to Plaintiff's 7 motion for preliminary injunction on or before 2/5/2021. Any reply to the 7 motion for preliminary injunction is due on or before 2/12/2021. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/5/2021. (sal) (Entered: 01/05/2021)

AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction, Proposed Order for Preliminary Injunction, Memorandum of Law for Preliminary Injunction, Supporting Declarations, Letter Motion to File Exhibits Under Seal and Proposed Order to File Exhibits Under Seal served on NYS DOCCS on 12/9/2020, filed by Disability Rights New York. (Tomlinson, Brandy) (Entered: 01/22/2021)

AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction, Proposed Order for Preliminary Injunction, Memorandum of Law for Preliminary Injunction, Supporting Declarations, Letter Motion to File Exhibits Under Seal and Proposed Order to File Exhibits Under Seal served on Anthony J. Annucci, Acting Commissioner of NYS DOCCS on 12/9/2020, filed by Disability Rights New York. (Tomlinson, Brandy) (Entered: 01/22/2021)

ANSWER to 1 Complaint by Anthony J. Annucci, New York State Department of Corrections and Community Supervision.(Matula, Brian) (Entered: 02/05/2021)

MEMORANDUM OF LAW re 7 Motion for Preliminary Injunction,, (in opposition to motion for preliminary injunction) filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Matula, Brian) (Entered: 02/05/2021)

REPLY to Response to Motion 7 for Preliminary Injunction filed by Disability Rights New York. (sal) (Additional attachment(s) added on 2/16/2021: # 1 Sealed Exhibits Bates 614-699) (sal, ). (Entered: 02/12/2021)

Letter Motion requesting to file under seal Bates 614-699 to Plaintiff's 19 Reply to the Motion 7 for Preliminary Injunction filed by Disability Rights New York. (Attachments: # 1 Proposed Order)(sal ) (Entered: 02/12/2021)

ORDER granting 20 letter motion to file under seal the exhibits (Bates 614-699) to plaintiff's 19 reply to motion 7 for preliminary injunction. Signed by Chief Judge Glenn T. Suddaby on 2/16/2021. (sal) (Entered: 02/16/2021)

COURT NOTICE of dial-in instructions for Chambers Teleconference: This case is scheduled for it's Initial Conference on 3/15/2021 @ 10:30 AM. This Court conference will be conducted by telephone and the parties are directed to dial in at 1-888-684-8852, enter Access code 9772719#, and use Security code 1234# to join the call. (tab) (Entered: 03/01/2021)

CIVIL CASE MANAGEMENT PLAN JOINTLY FILED by Disability Rights New York. (Tomlinson, Brandy) (Entered: 03/08/2021)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 3/15/2021 by telephone. Appearances by Alyssa Galea, Esq.; Brandy L. Tomlinson, Esq. and Christina Asbee, Esq,. for Plaintiff; AAG Brian Matula, for the Defendants. Pretrial deadline are established and a scheduling Order will be issued. (tab)

ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 4/14/2021. Deadline for completion of Mandatory Mediation is 7/16/2021. Signed by Magistrate Judge Christian F. Hummel on 3/17/2021. (tab) (Entered: 03/17/2021)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 3/30/2021. Amended Pleadings due by 3/30/2021. Discovery due by 9/1/2021. Motions to be filed by 11/1/2021. Signed by Magistrate Judge Christian F. Hummel on 3/17/2021. (tab) (Entered: 03/17/2021)

STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Stephen Bergstein has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Brandy L. L. Tomlinson and Brian W. Matula. Dated: April 14, 2021(Tomlinson, Brandy) (Entered: 04/14/2021)

Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting Defendants be excused from the mediation requirements of this case submitted to Judge Christian F. Hummel . (Attachments: # 1 Exhibit(s) Proposed Settlement Terms)(Matula, Brian) (Entered: 06/04/2021)

TEXT ORDER re 27 Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting Defendants be excused from the mediation requirements of this case. Plaintiff is directed to file a response to Dkt. no. 27 . Response to Letter Brief due by 6/14/2021. Authorized by Magistrate Judge Christian F. Hummel on 6/7/2021. (tab) (Entered: 06/07/2021)

RESPONSE TO LETTER BRIEF filed by Disability Rights New York as to 27 Letter Request/Motion, filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision . (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B, # 3 Exhibit(s) Exhibit C, # 4 Exhibit(s) Exhibit D)(Tomlinson, Brandy) (Entered: 06/10/2021)

COURT NOTICE of Hearing: An In-Person Status Conference has been set for Thursday, 6/24/2021 @ 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. (tab) (Entered: 06/14/2021)

NOTICE of Appearance by Jennifer J. Monthie on behalf of Disability Rights New York (Monthie, Jennifer) (Entered: 06/14/2021)

STATUS REPORT by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Matula, Brian) (Entered: 06/15/2021)

STATUS REPORT by Disability Rights New York. (Tomlinson, Brandy) (Entered: 06/16/2021)

TEXT ORDER: Removing Case from the Mandatory Mediation Program and Cancelling the Court Conference scheduled for Thursday, June 24, 2021 @ 10:30 AM.. Authorized by Magistrate Judge Christian F. Hummel on 6/17/2021. (tab) (Entered: 06/17/2021)

DECISION AND ORDER that Plaintiff's motion for a preliminary injunction (Dkt. No. 7 ) is GRANTED in part (i.e., with regard to Incarcerated Individual B) and DENIED in part (i.e., with regard to Incarcerated Individual A). Defendants shall provide Plaintiff with access to any requested records for Incarcerated Individual B in its possession in accordance with Plaintiff's federally mandated P&A authority. Signed by Chief Judge Glenn T. Suddaby on 7/22/2021. (sal ) (Entered: 07/23/2021)

NOTICE OF INTERLOCUTORY APPEAL Filed by Disability Rights New York. Filing Fee $505, receipt number ANYNDC-5623091. (Tomlinson, Brandy) (Entered: 08/20/2021)

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals re 36 Notice of Interlocutory Appeal. (dpk) (Entered: 08/23/2021)

NOTICE of Appearance by Helena O. Pederson on behalf of Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Pederson, Helena) (Entered: 10/28/2021)

Letter Motion from AAG Pederson for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting extension of dispositive motion deadline submitted to Judge Hummel . (Pederson, Helena) (Entered: 10/28/2021)

TEXT ORDER granting (in part) 39 Letter Motion from AAG Pederson for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting extension of dispositive motion deadline : Motions to be filed by 1/10/2022. No further extension request will be considered. Authorized by Magistrate Judge Christian F. Hummel on 10/29/2021. (tab) (Entered: 10/29/2021)

Order on Letter Request

Letter Motion from AAG Pederson for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting stay pending appeal submitted to Judge Hummel . (Attachments: # 1 Plaintiff's Appellate Brief)(Pederson, Helena) (Entered: 12/20/2021)

RESPONSE TO LETTER BRIEF filed by Disability Rights New York as to 41 Letter Request/Motion, filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision . (Tomlinson, Brandy) (Entered: 12/22/2021)

TEXT ORDER advising the parties that, regardless of how the Court decides 41 Defendants' letter-motion for a stay of the deadline for dispositive motions, the Court will continue to retain jurisdiction, and exercise its duty of oversight, over this action. Pursuant to that duty, in the coming weeks, the Court will be scheduling a settlement conference in this action for sometime in January 2022. At that settlement conference, the parties will be invited to discuss why their dispute could not be resolved through the entrance of a consent degree, pursuant to Fed. R. Civ. P. 50(b) and 58, containing the following four terms: (1) the requirement that a written request for copies of records must contain the following four pieces of information: (a) the identity of the individual who is the subject of the record; (b) the nature of the record; (c) the identity and/or position of the preparer and/or recipient of the record (including his or her location); and (d) the specific date (or the date range) of the record; (2) the requirement that, if the written request contains the specific date of the record (in addition to the other three pieces of information), then Defendants shall have four business days in which to retrieve the record and advise Plaintiff of the cost of copying it, then three business days after receipt (or assurance to their satisfaction) of payment in which to copy the record and provide it to Plaintiff; (3) the requirement that, if the written request contains only a date range of the record (in addition to the other three pieces of information), or contains more than three dates of a record, then Defendants shall have a certain number of days (to be determined at the settlement conference) in which to search for the record, retrieve it and advise Plaintiff of the cost of copying it, and then three business days after receipt (or assurance to their satisfaction) of payment in which to copy the record and provide it to Plaintiff; and (4) the requirement that, regardless of whether the written request contains a specific date of the record or a date range of the record, if it requests copies of more than a certain number of records (also to be determined), then Defendants shall have a certain number of days (also to be determined) in which to search for the records, retrieve them and advise Plaintiff of the cost of copying them, and then three business days after receipt (or assurance to their satisfaction) of payment in which to copy the records and provide them to Plaintiff. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/23/2021. (sal ) (Entered: 12/23/2021)

Order

TEXT ORDER granting Defendants' 41 letter-motion for a stay for the reasons set forth in their letter-brief. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/4/2022. (sal ) (Entered: 01/04/2022)

Order on Letter Request

TEXT ORDER advising the parties that the settlement conference referenced in the Court's Text Order of 12/23/2021 (Dkt. No. 43) must be attended by (1) representatives of each side having settlement authority and (2) all individuals who need to be present in order for the parties to meaningfully discuss why their dispute(s) cannot be resolved through the entry of a consent decree containing the terms proposed in the Court's Text Order of 12/23/2021 (Dkt. No. 43), or similar terms. For Plaintiff, these latter individuals include (1) Brandi L.L. Tomlinson, Esq., Staff Attorney, PAIMI, DRNY, (2) Alyssa Galea, Esq., Staff Attorney, PADD, DRNY, (3) Christina Asbee, Esq., Director, DRNY, and (4) if necessary, Jennifer J. Monthie, Esq., Legal Director, DRNY. For Defendants, the latter individuals include (1) Cathy Y. Sheehan, Esq., Deputy Commissioner and Counsel, DOCCS, (2) Helena O. Pederson, Esq., Assistant Attorney General, and (3) if necessary, the Deputy Commissioner of DOCCS (if any) who is responsible for overseeing the policies, practices and/or procedures governing records custodians at DOCCS Correctional Facilities. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/5/2022. (sal ) (Entered: 01/05/2022)

Order

TEXT NOTICE of Hearing: An in person Settlement Conference is set for 2/3/2022 at 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby. (sal)

TEXT NOTICE of Hearing: The in person Settlement Conference set for 2/3/2022 at 10:00 AM is RESCHEDULED for 11:00 AM that same day in Syracuse before Chief Judge Glenn T. Suddaby. (sal )

Letter Motion from Plaintiff Disability Rights New York for Disability Rights New York requesting status conference in lieu of Settlement Conference submitted to Judge Suddaby . (Attachments: # 1 Exhibit(s))(Tomlinson, Brandy) (Entered: 01/24/2022)

Letter Motion from AAG Pederson for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting status conference in lieu of settlement conference submitted to Judge Suddaby . (Pederson, Helena) (Entered: 01/25/2022)

TEXT ORDER granting in part and denying in part 46 Plaintiff's letter-motion of January 24, 2022 and Defendants' 47 letter-motion of January 25, 2022. The parties are relieved of the duty to bring representatives having settlement authority to the conference scheduled for 11:00 a.m. on Thursday, February 3, 2022, in Syracuse. However, the conference remains in-person. Furthermore, the focus of the conference shall shift from the settlement of the claims asserted in 18-CV-0980, 20-CV-1487, and 21-CV-0739, to a discussion of why the parties cannot reach an agreement regarding two open questions created by the DD Act, PAIR Act and PAIMI Act (and not resolved through the enactment of Bill A7731/S7024). The first question regards what information Plaintiff must provide to DOCCS about the "record" it is requesting (e.g., the name of the individual that the record regards, the title or a brief description of the record, the identity and/or position of the author and/or recipient of the record, and the date or date range of the record), so that DOCCS may not simply respond in writing Plaintiff four days after it receives the written request with a statement that the reason for its delay is that it cannot locate the record and needs more information to do so (and that it cannot err on the side of being overly inclusive due to the liability it may incur from inadvertently disclosing sensitive records). The second question regards when the "provi[sion]" of the free copies to Plaintiff is complete if the copies are not picked up at DOCCS by Plaintiff (i.e., when Defendant mails the records or when Plaintiff receives them). The Court notes that these questions remain in all three actions. The Court notes also that the parties have a continuing duty to attempt in good faith to negotiate settlement. See, e.g., N.D.N.Y. L.R. 83.1(l) ("Parties and counsel shall participate in good faith, without any time constraints, and put forth their best efforts toward settlement."). SO ORDERED by Chief Judge Glenn T. Suddaby on 1/25/2022. (sal) (Entered: 01/25/2022)

Order on Letter Request AND Order on Letter Request

TEXT NOTICE of Hearing: The in person Settlement Conference set for 2/3/2022 is RESCHEDULED for 2/16/2022 at 11:30 AM in Syracuse before Chief Judge Glenn T. Suddaby. (sal)

STATUS REPORT by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Pederson, Helena) (Entered: 02/14/2022)

TEXT Minute Entry for proceedings held before Chief Judge Glenn T. Suddaby: Settlement Conference held on 2/16/2022. Chief Judge Suddaby discusses settlement of this case and the two related cases with the parties. Plaintiff's counsel prefers to have the stay of the dispositive motion filing deadline lifted in 1:18-cv-980 and 1:20-cv-1487 so that the cases can proceed with a briefing schedule for the anticipated dispositive motion. Defendants' counsel requests that the stay of the dispositive motion filing deadlines remain in place pending a decision on the interlocutory appeal filed in 1:20-cv-1487. Both sides prefer that the 1:21-cv-739 continue with litigation without a stay and that a decision be issued on the pending motion for preliminary injunction. Chief Judge Suddaby believes the parties are better served if they come to an agreement on the process for DOCCS in handling written requests rather than having the Court's decide for them, however, Chief Judge Suddaby understands that the parties are not able to resolve these matters at this time. Parties are encouraged to discuss settlement in the future in hopes of constructing a process that is workable for all sides. APP: Brandy Tomlinson, Esq., and Christina Asbee, Esq. for Plaintiff. Helena Pederson, Esq. for Defendants. (Court Reporter Jodi Hibbard and Hannah Cavanaugh) (sal)

TEXT ORDER: The stay of the dispositive motion filing deadline is LIFTED. Any dispositive motions must be filed by 5/3/2022. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/4/2022. (sal ) (Entered: 03/04/2022)

~Util - Set Deadlines AND Order

NOTICE of Appearance by Shannan Collier Krasnokutski on behalf of Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Krasnokutski, Shannan) (Entered: 04/14/2022)

Letter Motion from Shannan C. Krasnokutski for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting extension of dispositive motion deadline submitted to Judge Suddaby . (Krasnokutski, Shannan) (Entered: 04/14/2022)

TEXT ORDER granting Defendants' 52 letter-motion for an extension of time to file dispositive motions by June 15, 2022. SO ORDERED by Chief Judge Glenn T. Suddaby on 4/15/2022. (sal) (Entered: 04/15/2022)

Order on Letter Request

First MOTION for Summary Judgment filed by Disability Rights New York. Motion returnable before Judge Suddaby. Response to Motion due by 6/8/2022. Reply to Response to Motion due by 6/15/2022 (Attachments: # 1 Memorandum of Law, # 2 Statement of Material Facts, # 3 Declaration Brandy L. L.Tomlinson, # 4 Exhibit(s) Cover Sheet) (Tomlinson, Brandy) (Attachment 4 replaced on 5/19/2022) (sal, ). (Entered: 05/18/2022)

1 Memorandum of Law

View on PACER

2 Statement of Material Facts

View on PACER

3 Declaration Brandy L. L.Tomlinson

View on PACER

TEXT ORDER sealing Exhibit A to Plaintiff's Motion for Summary Judgment (Dkt. 54, Attach. 4 [attaching documents bearing Bates Numbers 700-713) in accordance with Local Rule 83.13 for the same reasons as stated in the Court's Order of 02/16/2021 (Dkt. No. 21 ). SO ORDERED by Chief Judge Glenn T. Suddaby on 5/19/2022. (sal ) (Entered: 05/19/2022)

Order

CROSS-MOTION for Summary Judgment AND RESPONSE in Opposition re 54 First MOTION for Summary Judgment filed by Disability Rights New York. Motion returnable before Judge Suddaby. Cross-Motion for Summary Judgment filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Attachments: # 1 Declaration of Marat Shkolnik, # 2 Exhibit(s) A through I to Shkolnik Declaration (under seal), # 3 Statement of Material Facts Response to Statement of Material Facts/Defendants' Statement of Material Facts, # 4 Memorandum of Law in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Defendants' Cross-Motion for Summary Judgment, # 5 Declaration of Service via ECF)(Krasnokutski, Shannan) Modified on 6/13/2022 to make a pending motion (sal ). (Entered: 06/08/2022)

SEALED EXHIBITS A through I filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision in support of its 56 Cross-Motion for Summary Judgment and Response in Opposition to Plaintiff's 54 Motion for Summary Judgment . (Krasnokutski, Shannan) Modified on 6/15/2022 (sal ). (Entered: 06/08/2022)

Letter Motion from Disability Rights New York for Disability Rights New York requesting Extension of Time to File Reply to Defendants' Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion submitted to Judge Suddaby . (Tomlinson, Brandy) (Entered: 06/10/2022)

TEXT ORDER granting Plaintiffs' 58 letter-motion requesting an extension of time to file a response to Defendants' 56 cross-motion for summary judgment and reply to its 54 motion for summary judgment on or before 6/24/2022. SO ORDERED by Chief Judge Glenn T. Suddaby on 6/13/2022. (sal ) (Entered: 06/13/2022)

Letter Motion from Shannan C. Krasnokutski for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting an Order permitting filing of Exhibits under seal submitted to Judge Suddaby . (Attachments: # 1 Declaration of Service via ECF)(Krasnokutski, Shannan) (Entered: 06/13/2022)

Order on Letter Request

TEXT ORDER granting Defendants' 60 letter-motion requesting to file under seal Exhibits A through I to the Declaration of Marat Shkolnik (Dkt. No. 56 -2, 57 ) for the reasons stated in this 60 letter. The Clerk is directed to change the docket text of Dkt. No. 57 from Medical Records to Sealed Exhibits and restrict the viewing to "sealed." SO ORDERED by Chief Judge Glenn T. Suddaby on 6/15/2022. (sal) (Entered: 06/15/2022)

Order on Letter Request

REPLY to Response to Motion re 54 First MOTION for Summary Judgment filed by Disability Rights New York. Motion returnable before Judge Suddaby., 56 MOTION for Summary Judgment.. Opposition filed by Disability Rights New York. (Attachments: # 1 Statement of Material Facts Reply to D's Proposed Statement of Material Facts)(Tomlinson, Brandy) (Entered: 06/24/2022)

MANDATE of USCA {Issued on 11/8/2022} as to the # 36 Notice of Interlocutory Appeal filed by Disability Rights New York. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED as moot. (pjh, ) (Entered: 11/08/2022)

USCA Case Number 21-2040 for 36 Notice of Interlocutory Appeal filed by Disability Rights New York. (nas )

DECISION AND ORDER that Plaintiff's motion for summary judgment (Dkt. No. 54 ) is DENIED. Defendant's cross-motion for summary judgment (Dkt. No. 56 ) is GRANTED. Plaintiffs Complaint (Dkt. No. 1 ) is DISMISSED, except for Plaintiff 39;s request for attorney's fees and costs pursuant to 42 U.S.C. § 1988, over which this Court retains jurisdiction for the reasons stated in note 1 of Defendants memorandum of law (Dkt. No. 56 , Attach. 4, at 6). Signed by U.S. District Judge Glenn T Suddaby on 1/16/2024. (sal )

Judgment

Letter Request/Motion

Order on Letter Request

Attorney Fees

DECISION AND ORDER that Plaintiff's motion for attorneys' fees, expenses and costs pursuant to 42 U.S.C. § 1988 (Dkt. No. 69 ) is GRANTED in part and DENIED in part, such that Plaintiff is awarded attorney's fees and costs in the amount of TWENTY THOUSAND ONE HUNDRED NINETY-THREE DOLLARS AND SEVENTY-FIVE CENTS ($20,193.75). Signed by U.S. District Judge Glenn T Suddaby on 8/28/2024. (sal)