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16-7009 - Coakley v. Kingsbrook Jewish Medical Center


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16-7009 - Coakley v. Kingsbrook Jewish Medical Center
January 30, 2017
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MEMORANDUM DECISION AND ORDER. Plaintiffs third cause of action is severed and remanded to the state court. It is plaintiffs choice as to whether to proceed with one case or two. If plaintiff determines that there is no relief in the FLSA that he cannot equally obtain under the NYLL, he may voluntarily dismiss the FLSA claim without prejudice, in which case this action would have to be remanded to state court in its entirety. Plaintiff has seven days to notify me whether he wishes to proceed in that manner, absent which only the uniform claim will be remanded.( Ordered by Judge Brian M. Cogan on 1/28/2017 ) (Guzzi, Roseann)