Depietro v. The City of New York et al

Filing 67

MEMORANDUM AND ORDER: The City Defendants' motion to dismiss is granted to the extent that: (1)DePietro's substantive due process claim in the first count of the Complaint is dismissed; and (2)the Complaint is dismissed as against the New Y ork City Department of Buildings, the New York City Department of Housing Preservation and Development, the New York City Police Department, the New York City Department of Transportation, the New York City Department of Sanitation, the New York City Department of Education, the New York City Department of Environmental Protection, the New York City Department of City Planning, the New York City Department of Design and Construction, the New York City Department of Health and Mental Hygiene, the New York City Department of Parks and Recreation, and the New York City Environmental Control Board. The City Dfts' motion is denied in all other respects. Assemblyman Tobacco's motion is granted to the extent that the first count, the thi rd count, the fifth count, the sixth count, and the seventh count are dismissed as against him, and the fourth count shall remain. The second count is deemed withdrawn as against all of the defendants. Ordered by Judge Sandra L. Townes on 1/29/2010. (Abdallah, Fida)