Opinion
1:04-CV-48 (WLS).
September 27, 2007
ORDER
Before the Court is a Report and Recommendation from United States Magistrate Judge Richard L. Hodge, filed on September 12, 2007. (Doc. 80). It is recommended that Defendants' and Plaintiff's Motions for Summary Judgment (Docs. 51, 57) be denied. Id. No objection has been filed.
Upon full review and consideration upon the record, the Court finds that the Report and Recommendation (Doc. 80) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Accordingly, the Defendants' Motion for Summary Judgment (Doc. 51) is DENIED and Plaintiff's Motion for Summary Judgment (Doc. 57) is DENIED. This case is ordered scheduled for trial during the January 2008 Albany Division trial term which begins January 7, 2008.
SO ORDERED.