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06-4941 - Wendel v. State of New York et al


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06-4941 - Wendel v. State of New York et al
May 4, 2007
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ORDER granting 13 Motion to Dismiss: For the reasons set forth in the attached Memorandum and Order, plaintiff's complaint is dismissed without prejudice pursuant to Rule 12(b)(6). Plaintiff shall file an amended complaint within thirty days of the date of the attached Memorandum and Order. SEE ATTACHED MEMORANDUM AND ORDER. Ordered by Judge Joseph F. Bianco on 5/4/2007. (Fee, Adam)
July 23, 2008
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MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, the Court agrees with defendants that plaintiff's amended complaint fails -- as a matter of law -- to demonstrate that Section 404-a of the New York Vehicle and Traffic Law violates the Americans With Disabilities Act facially or as applied to plaintiff. The Court, therefore, dismisses the amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Clerk of the Court shall enter judgment accordingly and close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/23/08. (Altfest, Rachel)