Walrath v. New York State Canal Corporation et al

Filing 30

DECISION AND ORDER granting Pltf's 28 Letter requesting Dismissal for failure to substitute the estate and also Adopting 29 REPORT-RECOMMENDATIONS. Signed by Senior Judge Thomas J. McAvoy on 10/18/16. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
NANCY WALRATH,
Plaintiff,
6:15-CV-00463
(TJM/TWD)

v.
NEW YORK STATE CANAL CORPORATION and
NEW YORK STATE THRUWAY AUTHORITY,
Defendants.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
This action brought pursuant to Title VII of the Civil Rights Act of 1964 was referred

to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and
Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to
Magistrate Judge Dancks’ Report-Recommendation [dkt. # 29] have been filed, and the
time to do so has expired.
II.

DISCUSSION
After examining the record, this Court has determined that the Report-

Recommendation is not subject to attack for plain error or manifest injustice.
III.

CONCLUSION
Accordingly, the Court ADOPTS the Report-Recommendation and Order [dkt. # 29]
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for the reasons stated therein. Therefore, it is hereby
ORDERED that Plaintiff’s motion [dkt. # 28] to dismiss this action pursuant to
Fed. R. Civ. P. 25(a) is GRANTED, and the Complaint is DISMISSED with prejudice.
Dated:October 18, 2016

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