Lane v. James

Opinion

12, i tA ae MEI. eee 1 STATE OF NEw YorK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES DIVISION OF STATE COUNSEL ATTORNEY GENERAL LITIGATION BUREAU October 12, 2023 Via ECF The Honorable Kenneth M. Karas United Stated District Judge Southern District of New York 300 Quarropas Street White Plains, NY 10601-4150 Re: Lane v. Nigrelli, et al., No. 22-cv-10989 (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). Superintendent Nigrelli, the current State defendant in this action, resigned from government service effective October 6, 2023. Because Superintendent Nigrelli is sued only in his official capacity, see Complaint, ECF No. | at 1, the substitution 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. We thank the Court for its time and consideration of this request. Respectfully submitted, Granted. /s/ So Oniered. Suzanna Publicker Mettham VE Lf Brenda Cooke James M. Thompson oie Yuval Rubinstein Assistant Attorneys General 28 Liberty Street New York, New York 10005 suzanna.mettham@ag.ny.gov brenda.cooke@ag.ny.zov

28 LIBERTY STREET, NEW YORK, NY 10005 @ PHONE (212) 416-8580 © WWW.AG.NY.GOV

INWLUISGI LIVE, INCI October 12, 2023 Page 2 of 2 james.thompson@ag.ny.gov yuval.rubinstein@ag.ny.gov cc: Counsel for all Parties via ECF