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15-510 - Brooking v. New York State Department of Taxation and Finance et al


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15-510 - Brooking v. New York State Department of Taxation and Finance et al
July 5, 2016
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DECISION AND ORDER granting in part and denying in part #17 Defendant's Motion to Dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted. All of plaintiff's claims are dismissed, EXCEPT for Plaintiff's retaliation claims against Defendants Mattox and Woodward pursuant to 42 U.S.C. §§ 1981 and 1983 and the aider and abettor provision pursuant to New York State Human Rights Law § 296(6). Defendant New York State Department of Taxation and Finance is dismissed from this action. Defendants Mattox and Woodward are directed to file an answer to Plaintiff's Complaint within FOURTEEN (14) DAYS of the date of this Decision and Order pursuant to Fed.R.Civ.P. 12(a)(4)(A). This case is referred back to Magistrate Judge Hummel for a Rule 16 conference and the scheduling of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 7/5/16. (lmw)
March 21, 2018
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DECISION AND ORDER granting #45 Defendants' Motion for Summary Judgment in its entirety. Plaintiff's complaint is dismissed. Signed by Chief Judge Glenn T. Suddaby on 3/21/18. (lmw)