Case 1:12-cv-01236-WMS-MJR Document 144 Filed 08/28/17 Page 1 of 3

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
___________________________________

PAMELA S. SMALL,

Plaintiff, 12-CV-01236
-vs-

THE STATE NEW YORK, THE NEW YORK OFFER OF JUDGMENT

STATE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, CARL CUER,
individually and as a Corrections Officer for the New
York State Department of Corrections and
Community Supervision, JAMES CONWAY,
Individually and as Superintendent for Attica
Correctional Facility, SANDRA DOLCE,
individually and as Deputy Superintendent of
Programs for Attica Correctional Facility,

Defendants.
___________________________________

Defendant State of New York Department of Corrections and Community

Supervision in this action offers to allow judgment to be taken against it and its past and

present employees in their official capacities in this action by the plaintiff Pamela Small

for the sum of six-hundred thousand dollars ($600,000), together with attorney fees and

costs accrued to this date. This offer is made pursuant to Rule 68 of the Federal Rules

of Civil Procedure, and evidence of this offer is not admissible except in a proceeding to

determine attorney fees and costs. This offer of judgment is neither to be construed as

an admission of liability and wrongdoing on the part of any of the defendants and the

State of New York Department of Corrections and Community Supervision and its

employees, nor as an admission that the plaintiff has suffered any damages caused by

the wrongdoing of the defendants and the State of New York Department of Corrections

and Community Supervision and its employees.

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 Case 1:12-cv-01236-WMS-MJR Document 144 Filed 08/28/17 Page 2 of 3

This offer of judgment represents an award in compensation for all claims

asserted by Plaintiff in this action against the defendants in their official and individual

capacities and all the relief available to plaintiff in this action against the defendants in

their official and individual capacities.

ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
Attorney General for the State of New York
Attorney for Defendants NYS DOCCS, Conway &
Dolce

/s/ J. Richard Benitez

J. RICHARD BENITEZ
Assistant Attorney General, of Counsel
NYS Office of the Attorney General
144 Exchange Boulevard, Suite 200
Rochester, New York 14614
Telephone: (585) 546-7430
Richard.benitez@ag.ny.gov

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 Case 1:12-cv-01236-WMS-MJR Document 144 Filed 08/28/17 Page 3 of 3

CERTIFICATE OF SERVICE

I certify that on August 28, 2017, I electronically filed the foregoing Offer of

Judgment with the Clerk of the District Court using CM/ECF system, which sent

notification of such filing to the following:

1. David Hunt Nelson dnelson@daddandnelson.com,

lzymowski@daddandnelson.com, mbeck@daddandnelson.com

2. Jennifer A. Shoemaker jshoemaker@underbergkessler.com,

dp@underbergkessler.com, jhance@underbergkessler.com

3. Jennifer M. Wilkinson jwilkinson@daddandnelson.com,

lzymowski@daddandnelson.com, mbeck@daddandnelson.com

4. James M. Wujcik jwujcik@daddandnelson.com,

lzymowski@daddandnelson.com, mbeck@daddandnelson.com

5. Alina Nadir anadir@underbergkessler.com,

docketclerk@underbergkessler.com, dp@underbergkessler.com

ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
Attorney for Defendants NYS DOCCS, Conway &
Dolce

/s/ J. Richard Benitez

J. RICHARD BENITEZ
Assistant Attorney General of Counsel
NYS Office of the Attorney General
144 Exchange Boulevard, Suite 200
Rochester, New York 14614
Telephone: (585) 546-7430
richard.benitez@ag.ny.gov