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16-212 - Pistello v. The Board of Education of the Canastota Central School District


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16-212 - Pistello v. The Board of Education of the Canastota Central School District
March 30, 2017
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MEMORANDUM-DECISION AND ORDERED, that the Defendants Motion for Judgement on the Pleadings (Dkt. No 12) is GRANTED in part and DENIED in part; and it is further ORDERED, that Plaintiffs Title VII discriminatory hostile work environment claim and ยง 1983 claims are DISMISSED with permission to move to amend in accordance with Local Rules 7.1(a)(4); and it is further ORDERED, that Plaintiffs claim under New York Education Law section 3028-d is DISMISSED without leave to amend; and it is further ORDERED, that Plaintiffs Title VII retaliation, ADA per-se retaliation, and ADA retaliatory hostile work environment claims survive Defendants motion. Signed by Senior Judge Lawrence E. Kahn on March 30, 2017. (sas)