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, )

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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] 1 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 2

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