Opinion
6:08-CV-1303-DNH-GHL.
March 27, 2009
ORDER
Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on March 27, 2009, in Utica, New York, it is hereby
ORDERED that
(1) defendant's motion to dismiss is DENIED; and
(2) defendant's motion for summary judgment is DENIED without prejudice; and
(3) defendant shall file and serve an answer to the complaint on or before April 3, 2009.
IT IS SO ORDERED.