Peale v. New York State ( 2024 )

Wate cy ‘yon oS Dae Ca. i ea) ~=MEMO ENDORSE STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES DIVISION OF STATE COUNSEL ATTORNEY GENERAL LITIGATION BUREAU October 13, 2023 Via ECF Hon. Kenneth M. Karas United States District Judge Southern District of New York 300 Quarropas Street White Plains, New York 10601-4150 Re: Peale v. Nigrelli, 23 CV 2292 (KMK) Dear Judge Karas: This office represents Dominick L. Chiumento, in his official capacity as Acting Superintendent of the New York State Police. I write to request that Superintendent Chiumento be substituted as a defendant for his predecessor, Steven A. Nigrelli, pursuant to Federal Rule of Civil Procedure 25(d). Acting Superintendent Nigrelli, the current defendant in this action, resigned from government service effective October 6, 2023. Although Plaintiff initially named the State of New York as the only defendant, the Court dismissed the Complaint and substituted Acting Superintendent Nigrelli as the defendant. (Dkt. No. 4 at pp. 2-3). Plaintiff appears to be suing Acting Superintendent Nigrelli solely in his official capacity, and as such, the substitution of Acting Superintendent Chiumento takes place “automatically.” Fed. R. Civ. P. 25(d); see Williams v. Annucci, 895 F.3d 180, 187 (2d Cir. 2018). We request that the case caption be amended to reflect Superintendent Chiumento stepping into the role and that the substitution be without prejudice to any defenses that Defendant Chiumento may seek to assert. We thank the Court for its time and consideration of this request. Respectfully submitted, /s/ S. Cynthia Luo S. Cynthia Luo Assistant Attorney General 28 Liberty Street, 18 Floor New York, NY 10005 (212) 416-8037 Cynthia. Luo@ag.ny.gov CC: Peter Peale, Plaintiff pro se (Via ECF) 28 Liberty Street, New York, New York 10005 @ Tel.: (212) 416-8610 @ Fax: (212) 416-6075 (Not For Service of Papers) httn://www.asenv.sov For the reasons stated in the Court’s Memo Endorsement dated November 15, 2023, (see Dkt. No. 15), Defendant’s request in this letter is granted. Acting New York State Police Superintendent Dominick L. Chiumento has been automatically substituted for former Acting New York State Police Superintendent Steven A Nigrelli as Defendant in this Action pursuant to Federal Rule of Civil Procedure 25(d). The Clerk of Court is respectfully directed to update the docket accordingly, terminate the pending Motion, (see Dkt. No. 13), and mail a copy of this document to Plaintiff. ben, 3/28/2024