United States Of America v. New York City Department Of Education

Filing 34

ORDER granting (21 in 1:16-cv-04891-LAK-JCF) Motion to Dismiss filed by Juan S. Mendez, Minerva Zanca, New York City Department of Education. For the foregoing reasons, defendants' motion to dismiss the complaint in 16-cv-4891 [DI 21] is gra nted to the extent that plaintiff Riccardo's (1) retaliation claim under 42 U.S.C. § 1983 based on conduct that occurred prior to June 23, 2013 and his New York State and New York City Human Rights Law claims are dismissed. It is denied in all other respects. This order is without prejudice to a motion by Riccardo, filed no later than January 25, 2017, for leave to amend the complaint in an effort to plead facts sufficient to satisfy the requirements of N.Y. Educ. L. § 3813(1). (Signed by Judge Lewis A. Kaplan on 1/4/2017) (cla)

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