Vassenelli v. The City of Syracuse et al

Filing 128

ORDER adopting 106 REPORT AND RECOMMENDATIONS and denying pltf's 21 Letter Motion for a preliminary injunction. Signed by Judge David N. Hurd on 3/5/12. (cbm )

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------NICHOLAS L. VASSENELLI, Plaintiff, -v- 5:10-CV-1422 THE CITY OF SYRACUSE; STEPHANIE A. MINER, in her individual and official capacity as Mayor of the City of Syracuse; FRANK L. FOWLER, in his individual and official capacity as Chief of Police for the City of Syracuse; JUDY CULETON, in her individual and official capacity as Director of the Human Resources Division of the Syracuse Police Department; MATTHEW DRISCOLL, in his individual capacity as former Mayor of the City of Syracuse; GARY MIGUEL, in his individual capacity as former Chief of Police for the City of Syracuse; SERGEANT RICHARD PERRIN, in his individual and official capacity; POMCO GROUP, individually and as an agent for The City of Syracuse, a/k/a POMCO, Inc.; SHARON MILLER, in her individual and official capacity and as agent of the City of Syracuse; SHARON ERIKSSON, in her individual and official capacity and as agent of the City of Syracuse; and DAVID BARRETTE, in his individual and official capacity, Defendants. -------------------------------APPEARANCES: OF COUNSEL: BOSMAN LAW OFFICE, LLC Attorneys for Plaintiff 6599 Martin Street Rome, NY 13440 A.J. BOSMAN, ESQ. BETH A. LOCKHART, ESQ. CITY OF SYRACUSE LAW DEPARTMENT Attorneys for Defendants City of Syracuse, Miner, Fowler, Culeton, Driscoll, and Miguel 233 E. Washington Street 300 City Hall Syracuse, NY 13202 SHANNON T. O'CONNOR, ESQ. Ass't Corporation Counsel COUGHLIN & GERHART LLP Attorneys for Defendants City of Syracuse, Miner, Fowler, Culeton, Driscoll, Miguel, Perrin, and Barrette 19 Chenango Street P.O. Box 2039 Binghamton, NY 13902 MARY LOUISE CONROW, ESQ. HISCOCK & BARCLAY LLP Attorneys for Defendants POMCO Group and Miller One Park Place 300 South State Street Syracuse, NY 13202 ROBERT A. BARRER, ESQ. LAW OFFICES OF BRADY & CARAFA Attorneys for Defendant Eriksson 443 Electronics Parkway Liverpool, NY 13088 JAMES C. BRADY, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brings this action against the City of Syracuse ("City"), several present and former City employees, POMCO Group a/k/a POMCO, Inc., ("POMCO"), a third-party benefits administrator for the City, and a POMCO employee, asserting various federal and state law causes of action arising out of the City's payment of benefits to the plaintiff under New York General Municipal Law section 207-c. On January 30, 2012, the Honorable David E. Peebles, United States Magistrate Judge, advised, by Report–Recommendation that - 2 - plaintiff's motion for a preliminary injunction be denied. Plaintiff timely filed objections to the Report-Recommendation. Based upon a de novo determination of the portions of the Report– Recommendation to which plaintiff objected, the Report–Recommendation is accepted in its entirety. See 28 U.S.C. § 636(b)(1) (2006). Accordingly, it is ORDERED that Plaintiff's motion for a preliminary injunction (Dkt. No. 21) is DENIED. IT IS SO ORDERED. Dated: March 5, 2012 Utica, New York. - 3 -

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?