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Alvarez v. State of New York

Summary Judgment Denied and Granted in Part in Case Involving Inmate's Confinement

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The following papers numbered 1-3 were read and considered by the Court on claimant’s motion for summary judgment on the issues of liability and damages based upon his claim of alleged wrongful confinement in the Special Housing Unit (SHU) during his incarceration at Eastern NY Correctional Facility (Eastern) (Motion No. M-100435) and the State’s cross-motion to dismiss the claim pursuant to CPLR 3211 (a) (7) on the basis that the claim fails to state a cause of action upon which relief may be granted (Cross-Motion No. CM-100905): Notice of Motion, Claimant’s Supporting Affidavit, Memorandum of Law and Exhibits              1 Notice of Cross-Motion, Attorney’s Affirmation in Opposition to Claimant’s Motion for Summary Judgment and in Support of the State’s Cross-Motion to Dismiss the Claim    2 Affirmation in Opposition to Cross-Motion for Summary Judgment Dismissing the Claim      3 Filed papers; Claim INTERIM DECISION AND ORDER Claim No. 141374 alleges that at approximately 7:45 a.m. on October 10, 2023, during claimant’s incarceration at Eastern, Correction Officer Tullimero escorted claimant from his cell to his work program and that claimant never returned to his cell on that date (Claim, 3; Claimant’s Supporting Affidavit

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