Cunningham v. New York State Department of Labor et al

Filing 59

AMENDED ORDER: the judgment filed on January 29, 2008 (Docket No. 45) is VACATED as to the Title VII and First Amendment retaliation claims; Defts may file and serve an answering memorandum of law on the First Amendment retaliation claim (See footnote 3) on or before September 18, 2009; and No further filings are permitted. Signed by Judge David N. Hurd on 9/2/2009. (see)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ~~~~~~~~~~~~~~~~~~~~~~~~~~ MICHAEL CUNNINGHAM, Plaintiff, vs NEW YORK STATE DEPARTMENT OF LABOR; LINDA ANGELLO, MARY HINES, and PATRICIA RHODES-HOOVER, Each Individually, and in their Official Capacity for the New York State Department of Labor, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~ APPEARANCES: DONOHUE, SABO, VARLEY & HUTTNER, LLP Attorneys for Plaintiff 24 Aviation Road PO Box 15056 Albany, NY 12212-5056 HON. ANDREW M. CUOMO Attorney General of the State of New York Attorney for Defendants Department of Law The Capitol Albany, New York 12224 DAVID N. HURD United States District Judge AMENDED ORDER 1. The judgment filed on January 29, 2008, (Docket No. 45), is VACATED as to the Title VII and First Amendment retaliation claims; 2. Defendants may file and serve an answering memorandum of law on the First Amendment retaliation claim (See footnote 3) on or before September 18, 2009; and OF COUNSEL: KENNETH G. VARLEY, ESQ. 1:05-CV-1127

JAMES J. SEAMAN, ESQ. Asst. Attorney General

3. No further filings are permitted. IT IS SO ORDERED.

Dated: September 2, 2009 Utica, New York.

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