Smith v. Smith et al

5:25-cv-01077NyndMay 11, 2026

Full text

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JUDGMENT IN A CIVIL CASE
BISHME SMITH,
Plaintiff,
vs. 	5:25-CV-1077
(MAD/DJS)
CLARENCE J. SMITH; YOLANDA A. KING,
ANTHONY MANGOVSKI, ESQ., HEATHER VINCENT, ESQ.,
JULIE A. CERIO, ONONDAGA COUNTY FAMILY COURT,
DAVID M. PRIMO, SYRACUSE CITY SCHOOL DISTRICT,
ONONDAGA COUNTY CHILD PROTECTIVE SERVICES (CPS),
MICHAEL J. KERWIN, ESQ., ROBIN C. ZIMPEL, ESQ., and
COUNTY ATTORNEY OF ONONDAGA COUNTY,
Defendants.
_______________________________________________________
Decision by Court. This action came to trial or hearing before the Court. The issues have been
tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that Magistrate Judge Stewart's Report-Recommendation
and Orders (Dkt. No. 22 in 5:25-CV-1077 and Dkt. No. 20 in 5:26-CV-05) are ADOPTED in their
entirety for the reasons set forth herein; and the Court further ORDERS that Plaintiff's complaints
(Dkt. No. 23 in 5:25-CV-1077 and Dkt. No. 18 in 5:26-CV-05) are DISMISSED without prejudice
and without leave amend; and the Court further ORDERS that Plaintiff's motion to strike (Dkt. No.
24) and motion to supplement (Dkt. No. 26) in Case No. 5:25-CV-1077 are DENIED; and the Court
further ORDERS that Plaintiff's motion for a temporary restraining order (Dkt. No. 3), motion to
strike (Dkt. No. 21), motion for an order (Dkt. No. 23), motion to supplement (Dkt. No. 24), and
motion to strike (Dkt. No. 29) in Case No. 26-CV-05 are DENIED; and the Court further ORDERS
that the Clerk of the Court shall file this Memorandum-Decision and Order in both cases 5:25-CV-
1077 and 5:26-CV-05; and the Court further ORDERS that the Clerk of the Court shall enter
judgment in Defendants' favor and close both cases, all of the above pursuant to the Memorandum-
Decision and Order of the Honorable Mae A. D’Agostino, dated the 11 th day of May, 2026.
DATED: May 11, 2026
s/Britney Norton
Britney Norton
Deputy Clerk
Case 5:25-cv-01077-MAD-DJS Document 29 Filed 05/11/26 Page 1 of 1

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