| Koehl v Mirza |
| 2009 NY Slip Op 09316 [13 NY3d 897] |
| December 17, 2009 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 10, 2010 |
| Edward Koehl, Appellant, v S. Mirza et al., Respondents. |
Decided December 17, 2009
Koehl v Mirza, 39 AD3d 1092, modified.
APPEARANCES OF COUNSEL
Edward Koehl, appellant pro se.
Andrew M. Cuomo, Attorney General, Albany (Robert M. Goldfarb, Barbara D. Underwood and Andrea Oser of counsel), for respondents.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, without costs, by reinstating plaintiff's claims under 42 USC § 1983 and remitting the case to Supreme Court, Clinton County, for further proceedings on those claims, and, as so modified, affirmed (see Haywood v Drown, 556 US —, 129 S Ct 2108 [2009], on remand 13 NY3d 760 [2009]).
Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.