Dean J. Villante v. Department of Corrections of the City of New York, and Mens Queens House of Detention

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Wexler, J. The judgment was based on two orders. The first dismissed a portion of appellant’s sec tion 1983 complaint as time barred and for failure to state a claim upon which relief could be granted. The second granted summary judgment in favor of appellees on the balance of appellant’s federal claim and dismissed his pendent state claim for lack of subject matter jurisdiction.

We affirm in part, reverse in part and remand for further proceedings.

BACKGROUND

Appella…