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 44 |
Filed: 1/25/2010, Entered: None |
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NOTICE OF APPEAL as to 42 Order on Motion to Dismiss, Memorandum & Opinion,, 43 Clerk's Judgment, by Caesar Gonzales. No fee paid. (Romano, Daniel) (Entered: 01/27/2010)
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| 43 |
Filed: 1/4/2010, Entered: None |
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JUDGMENT - ORDERED that Plaintiff take nothing of the Defendants; that Defendant Nassau County's motion to dismiss is granted; that Plaintiff's federal causes of action are dismissed with prejudice; that Plaintiff's state law claims are dismissed without prejudice; and that this case is hereby closed. Signed by Catherine Vukovich, Deputy Clerk on 1/4/10. C/M; C/ECF (Valle, Christine) (Entered: 01/05/2010)
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| 42 |
Filed: 12/28/2009, Entered: None |
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MEMORANDUM AND ORDER - For the reasons set forth herein, Nassau County's 33 motion to dismiss is GRANTED. The Court dismisses Plaintiff's federal causes of action with prejudice for failure to state a claim, and dismisses Plaintiff's state law claims without prejudice. The Clerk of Court is directed to mark this matter closed. So Ordered by Judge Joanna Seybert on 12/28/09. C/M; C/ECF (Valle, Christine) (Entered: 12/31/2009)
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Request |
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| 41 |
Filed: 8/17/2009, Entered: None |
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RESPONSE to Motion Re: Nassau County Dfts' 33 Notice of MOTION to Dismiss Amended Complaint, filed by Caesar Gonzales. (Valle, Christine) (Entered: 08/27/2009)
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Request |
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| 40 |
Filed: 8/21/2009, Entered: None |
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AFFIDAVIT of Service for Reply Memorandum of Law for Motion to Dismiss served on Ceasar Gonzales and April Lopez on August 21, 2009, filed by County Of Nassau, Nassau County Department of Social Services. (Attachments: # 1 Affidavit of Service) (Chartan, Lauren) (Entered: 08/21/2009)
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Request |
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| 39 |
Filed: 8/21/2009, Entered: None |
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REPLY to Response to Motion re 34 Declaration in Support of Motion, 33 Notice of MOTION to Dismiss Amended Complaint, 35 Memorandum of Law in Support of Motion filed by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) (Entered: 08/21/2009)
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Request |
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| 38 |
Filed: 7/27/2009, Entered: None |
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AFFIDAVIT of Service for Motion to Dismiss Amended Complaint, filed by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) (Entered: 07/27/2009)
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Request |
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| 37 |
Filed: 7/27/2009, Entered: None |
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AFFIDAVIT of Service for Motion to Dismiss Amended Complaint, filed by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) (Entered: 07/27/2009)
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Request |
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| 36 |
Filed: 7/27/2009, Entered: None |
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CERTIFICATE OF SERVICE by County Of Nassau, Nassau County Department of Social Services re 34 MOTION to Dismiss Declaration in Support of Motion, 33 Notice of MOTION to Dismiss Amended Complaint, 35 MOTION to Dismiss Memorandum of Law in Support of Motion on State of New York (Chartan, Lauren) (Entered: 07/27/2009)
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| 35 |
Filed: 7/27/2009, Entered: None |
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Memorandum of Law in Support of Motion by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) Modified on 7/28/2009 to correct entry information. (Valle, Christine). (Entered: 07/27/2009)
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| 34 |
Filed: 7/27/2009, Entered: None |
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Declaration in Support of Motion by County Of Nassau, Nassau County Department of Social Services. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F) (Chartan, Lauren) Modified on 7/28/2009 to correct entry information. (Valle, Christine). (Entered: 07/27/2009)
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| 33 |
Filed: 7/27/2009, Entered: None |
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Notice of MOTION to Dismiss Amended Complaint by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) (Entered: 07/27/2009)
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Request |
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| 32 |
Filed: 6/23/2009, Entered: None |
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RESPONSE to Nassau County Dfts' 31 Letter Request for Extension, filed by Caesar Gonzales. (Valle, Christine) (Entered: 07/02/2009)
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Request |
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| 31 |
Filed: 6/15/2009, Entered: None |
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Letter MOTION for Extension of Time to File Response/Reply to Amended Complaint by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) (Entered: 06/15/2009)
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Request |
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| 30 |
Filed: 6/1/2009, Entered: None |
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AMENDED COMPLAINT against April Lufkin, County Of Nassau, Nassau County Department of Social Services, filed by Caesar Gonzales. (Valle, Christine) (Valle, Christine). (Entered: 06/09/2009)
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Request |
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| 29 |
Filed: 3/31/2009, Entered: None |
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MEMORANDUM AND ORDER - Based on the foregoing, Dfts' 20 , 23 Motions to Dismiss are GRANTED and Pltff is GRANTED leave to amend his Complaint by 6/1/09. The Clerk of Court is directed to mail a copy of this Order to Pltff. Ordered by Judge Joanna Seybert on 3/31/09. C/M; C/ECF (Valle, Christine) (Entered: 04/02/2009)
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| 28 |
Filed: 6/23/2008, Entered: None |
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MEMORANDUM OF LAW in Support Re: 27 Answer to Motion to Dismiss, filed by Caesar Gonzales. (Valle, Christine) (Entered: 06/24/2008)
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| 27 |
Filed: 6/23/2008, Entered: None |
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ANSWER to Motion Re: 23 MOTION to Dismiss pursuant to Fed. R Civ. P. 12(b)(6), filed by Caesar Gonzales. (Valle, Christine) (Entered: 06/24/2008)
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| 26 |
Filed: 6/9/2008, Entered: None |
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AFFIDAVIT of Service for Motion to Dismiss and supporting documents served on Pro Se Co-defendant April Lufkin on June 9, 2008, filed by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) (Entered: 06/09/2008)
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Request |
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| 25 |
Filed: 6/9/2008, Entered: None |
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AFFIDAVIT of Service for Motion to Dismiss and Supporting Documents served on Ceasar Gonzales on June 9, 2008, filed by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) (Entered: 06/09/2008)
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Request |
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| 24 |
Filed: 6/9/2008, Entered: None |
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CERTIFICATE OF SERVICE by County Of Nassau, Nassau County Department of Social Services re 21 Notice(Other) of Motion to Dismiss on New York Attorney General (Chartan, Lauren) (Entered: 06/09/2008)
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| 23 |
Filed: 6/9/2008, Entered: None |
Motion to Dismiss |
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MOTION to Dismiss pursuant to Fed. R Civ. P. 12(b)(6) by County Of Nassau, Nassau County Department of Social Services. Responses due by 6/19/2008 (Chartan, Lauren) (Entered: 06/09/2008)
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Request |
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| 22 |
Filed: 6/9/2008, Entered: None |
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DECLARATION re 21 Notice(Other) of 12(b)(6) Motion to Dismiss by County Of Nassau, Nassau County Department of Social Services (Attachments: # 1 Exhibits A-E attached to Chartan Declaration) (Chartan, Lauren) (Entered: 06/09/2008)
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Request |
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| 21 |
Filed: 6/9/2008, Entered: None |
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NOTICE by County Of Nassau, Nassau County Department of Social Services 12(b)(6) Motion to Dismiss (Chartan, Lauren) (Entered: 06/09/2008)
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Request |
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| 20 |
Filed: 6/3/2008, Entered: None |
Motion to Dismiss |
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MOTION to Dismiss Pursuant to 12(b)(6) Fed.R.Civ.P. by State Of New York. (Robinson, Derrick) (Entered: 06/03/2008)
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| 19 |
Filed: 5/21/2008, Entered: None |
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ORDER denying 17 Motion for Preliminary Injunction. Application for a preliminary injunction DENIED. the Court will not enjoin the Nassau County Family Court from hearing actions related to plaintiff's child support and child custody matters. ( So Ordered by Judge Joanna Seybert on 5/21/08.) c/m c/ecf (Fagan, Linda) (Entered: 05/22/2008)
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| 18 |
Filed: 5/21/2008, Entered: None |
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ORDER denying 16 Motion for Preliminary Injunction. Application for a preliminary injunction DENIED for a failure to show a likelihood of success on the merits. It is well settled that federal courts generally do not have jurisdiction over domestic relations matters based upon a "policy consideration that the states have traditionally adjudicated marital and child custody disputes and therefore have developed competence and expertise in adjudicating such matters, which the federal courts lack". Thomas v. N.Y.C., 814 F. Supp 1139, 1146 (EDNY 1993). The Court finds that there is a strong likelihood that the domestic relations exception applies to Plaintiffs' case and declines to enjoin the Nassau County Dept. of Social Services from "prosecuting [plaintiff] in family court", garnishing his wages and revoking his passport. ( So Ordered by Judge Joanna Seybert on 5/21/08.) c/m c/ecf (Fagan, Linda) (Entered: 05/22/2008)
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| 17 |
Filed: 5/19/2008, Entered: None |
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MOTION for Preliminary Injunction pursuant to Rule 65, to enjoin Nassau County Family Court to cease and desist all Court actions resulting from the issues being addressed before this Court by Caesar Gonzales. (Valle, Christine) (Entered: 05/21/2008)
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Request |
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| 16 |
Filed: 5/19/2008, Entered: None |
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MOTION for Preliminary Injunction pursuant to Rule 65, to enjoin Nassau County CSEU, an office of Nassau County Department of Social Services, to cease and desist all collections, garnishments, revocation of Pltff's passport, and any other actions resulting form the issues being addressed before this Court by Caesar Gonzales. (Valle, Christine) (Entered: 05/21/2008)
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| 15 |
Filed: 5/9/2008, Entered: None |
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ORDER Re: 12 Motion for Preliminary Injunction - Application Denied for failure to show a likelihood of success on the merits. Ordered by Judge Joanna Seybert on 5/9/08. C/M; C/ECF (Valle, Christine) (Entered: 05/12/2008)
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Request |
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| 14 |
Filed: 5/8/2008, Entered: None |
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Letter from Caesar Gonzales to Judge Seybert dated 5/6/08 Re: To advise that Pltff has no objection to extending Dfts' time to respond to the Complaint. Additionally, to request that Your Honor serve notice to Nassau County Department of Social Services, to maintain the integrity and security of the case files concerning April Lufkin a.k.a Lopez, Crystal Gonzales, and Tiara Gonzales. (Valle, Christine) (Entered: 05/09/2008)
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Request |
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| 13 |
Filed: 5/6/2008, Entered: None |
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Supplemental MOTION for Extension of Time to File Answer to Complaint by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) (Entered: 05/06/2008)
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Request |
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| 12 |
Filed: 5/5/2008, Entered: None |
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MOTION for Preliminary Injunction ,pursuant to Rule 65 of the Federal Rules of Civil Procedure, to enjoin Nassau County CSEU, an office of Nassau County Department of Social Services, defendant in the above entitled action, to cease and desist all collections, garnishments, revocation of the Plaintiff's passport, and any other actions resulting from the very issues being addressed before this court by Caesar Gonzales. (Glueckert, Lisa) (Entered: 05/06/2008)
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| 11 |
Filed: 5/2/2008, Entered: None |
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Letter from Pro Se Paralegal to Caesar Gonzales dated 5/2/2008. The Court is in receipt of the letter dated 4/30/2008 regarding summonses be re-issued for proper service on the defendants. Please be advised that service must be completed within 120 days of the filing of your complaint with the Court, and that proof of service must be filed with the Court. (Glueckert, Lisa) (Entered: 05/06/2008)
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Request |
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| 10 |
Filed: 5/2/2008, Entered: None |
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Letter from Caesar Gonzales to the Clerk of Court-Pro Se Office dated 4/30/2008. Three of the four defendants may not have received proper service of summons. These defendants include the State of New York, County of Nassau, and Nassau County Department of Social Services. Plaintiff is re-submitting these summonses for service. (Glueckert, Lisa) (Entered: 05/06/2008)
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Request |
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| 9 |
Filed: 4/10/2008, Entered: None |
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Certified Mail Receipt: RE (70051820000402573024) Addressed to Caesar Gonzales. Signed for by Victoria Gonzales. Delivery date 4/7/2008. (Glueckert, Lisa) (Entered: 05/05/2008)
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Request |
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| 8 |
Filed: 5/1/2008, Entered: None |
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MOTION for Extension of Time to File Answer to Complaint by County Of Nassau, Nassau County Department of Social Services. (Chartan, Lauren) (Entered: 05/01/2008)
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Request |
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| 7 |
Filed: 5/1/2008, Entered: None |
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NOTICE of Appearance by Lauren Seides Chartan on behalf of County Of Nassau, Nassau County Department of Social Services (aty to be noticed) (Chartan, Lauren) (Entered: 05/01/2008)
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Request |
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| 6 |
Filed: 4/30/2008, Entered: None |
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ANSWER to 1 Complaint by April Lufkin. (Valle, Christine) (Entered: 04/30/2008)
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Request |
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| 5 |
Filed: 4/3/2008, Entered: None |
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ORDER denying 4 : See attached order for details. Ordered by Magistrate Judge Arlene R. Lindsay on April 3, 2008. c/ecf (Miller, Dina) (Entered: 04/03/2008)
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Request |
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| 4 |
Filed: 3/28/2008, Entered: None |
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MOTION for Discovery for Subpoena of Documents by Caesar Gonzales. (Valle, Christine) (Entered: 04/02/2008)
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Request |
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| 3 |
Filed: 3/24/2008, Entered: None |
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Letter from Lorraine Sapienza to Pro Se Litigant dated 3/24/08 Re: To advise that pursuant to Rule 4 of the Federal Rules of Civil Procedure, Pltff is responsible to serve the summons and complaint upon each of the Dfts in this action. (Valle, Christine) (Entered: 03/24/2008)
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Request |
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| 2 |
Filed: 3/24/2008, Entered: None |
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Letter from Lorraine Sapienza to Pro Se Litigant dated 3/24/08 Re: To acknowledge receipt of Pltff's Civil Complaint. (Valle, Christine) (Entered: 03/24/2008)
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Request |
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| 1 |
Filed: 3/19/2008, Entered: None |
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COMPLAINT (Rec #25830) against April Lufkin, State Of New York, County Of Nassau, Nassau County Department of Social Services $ 350, filed by Caesar Gonzales. (Attachments: # 1 Civil Cover Sheet) (Serret, Liliana) (Entered: 03/20/2008)
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