Opinion
6:21-cv-466 (FJS)(ATB)
07-25-2023
ONEIDA INDIAN NATION, Plaintiff, v. HOWARD A. ZUCKER, COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, and the NEW YORK STATE DEPARTMENT OF HEALTH Defendants.
GEORGE F. CARPINELLO, ESQ. BOIES, SCHILLER & FLEXNER LLP ATTORNEY FOR PLAINTIFF LETITIA JAMES ATTORNEY FOR DEFENDANTS BY RYAN W. HICKEY ASSISTANT ATTORNEY GENERAL, OF COUNSEL
GEORGE F. CARPINELLO, ESQ. BOIES, SCHILLER & FLEXNER LLP ATTORNEY FOR PLAINTIFF
LETITIA JAMES ATTORNEY FOR DEFENDANTS BY RYAN W. HICKEY ASSISTANT ATTORNEY GENERAL, OF COUNSEL
SITIPULATION AND ORDER OF DISCONTINUCE PURSUANT TO RULE 41(A)
FREDERICK J. SCULLIN JR. SENIOR UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, plaintiff Oneida Indian Nation, by its attorney George F. Carpinello, Esq.; and Letitia James, Attorney . General of the State of New York, Ryan W. Hickey, Assistant Attorney General, of counsel, appearing for defendant Howard A. Zucker and the New York State Department of Health, parties to the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, plaintiff hereby discontinues this action without prejudice, and without damages, costs, interest or attorneys' fees.
Dr. James V. McDonald is the current Commissioner of DOH and, as the successor to Howard Zucker, Dr. McDonald is automatically substituted as a party for those claims that were asserted against Mr. Zucker in his official capacity as DOH's commissioner pursuant to Fed.R.Civ.P. 25(d).
SO ORDERED: