| Haywood v Drown |
| 2009 NY Slip Op 06389 [13 NY3d 760] |
| September 8, 2009 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, November 4, 2009 |
| Keith Haywood, Appellant, v Curtis Drown, Respondent. (Action No. 1.) |
| Keith Haywood, Appellant, v Pat Smith et al., Respondents. (Action No. 2.) |
Decided September 8, 2009
Haywood v Drown, 35 AD3d 1290, reversed.
Haywood v Smith, 35 AD3d 1291, modified.
APPEARANCES OF COUNSEL
Dechert LLP, New York City (Gary J. Mennitt of counsel), for appellant.
Andrew M. Cuomo, Attorney General, Albany (Robert M. Goldfarb, Barbara D. Underwood and Andrea Oser of counsel), for respondents.
Upon reargument, following remand by the Supreme Court of the United States, order in Haywood v Drown reversed, with costs, motion to dismiss denied and case remitted to Supreme Court, Wyoming County, for further proceedings, and order in Haywood v Smith modified, without costs, by denying the motion to dismiss the cause of action predicated on 42 USC § 1983 and remitting to Supreme Court, Wyoming County, for further proceedings on that cause of action and, as so modified, affirmed (see Haywood v Drown, 556 US —, 129 S Ct 2108 [2009]).
Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.