Walrath v. New York State Canal Corporation et al
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
NEW YORK STATE CANAL CORPORATION and
NEW YORK STATE THRUWAY AUTHORITY,
THOMAS J. McAVOY,
Senior United States District Judge
DECISION & ORDER
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.
After examining the record, this Court has determined that the Report-
Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, the Court ADOPTS the Report-Recommendation and Order [dkt. # 29]
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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