Zayas et al v. Banks et al

Filing 12

ORDER: Needless to say, this Order is without prejudice to any request for judicial review, if appropriate, after the ordinary state appeal process has run its course. Any such new action should be marked as related to Davis in accordance with th e Court's Local Rules. The Clerk of Court is directed to enter judgment REMANDING these matters to their respective SROs and to close both of the above-captioned actions. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/25/2024) Filed In Associated Cases: 1:24-cv-04804-JMF, 1:24-cv-04401-JMF (ks) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
EDWIN ZAYAS et al.,
:
:
Plaintiffs,
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:
-v:
:
THE NEW YORK CITY DEPARTMENT OF
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EDUCATION,
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Defendants.
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:
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CLAUDIA RIVAS,
:
:
Plaintiff,
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:
-v:
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DAVID C. BANKS et al.,
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:
Defendants.
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:
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24-CV-4401 (JMF)

24-CV-4804 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
Plaintiffs in the above-captioned actions seek orders remanding the matters to their
respective State Review Officers (“SROs”) with directions to adjudicate Plaintiffs’ appeals from
their respective Decisions after Remand (“DARs”), which were issued following the
undersigned’s Opinion and Order in Davis v. Banks, No. 22-CV-8184 (JMF) (ECF No. 59).
As discussed on the record at today’s teleconference, with all parties’ consent, the Court
GRANTS the relief sought by Plaintiffs in both actions, to wit: The cases are hereby
REMANDED to the respective SROs for adjudication of Plaintiffs’ appeals. The Court did not

intend in its earlier Order to suggest, let alone hold, that it retained exclusive jurisdiction over the
matters or to otherwise preclude appeals to the SROs in the normal course. To the extent the
SROs read the Court’s Orders to deprive them of jurisdiction to entertain Plaintiffs’ appeals, the
Court clarifies that its Order did not do so.
Needless to say, this Order is without prejudice to any request for judicial review, if
appropriate, after the ordinary state appeal process has run its course. Any such new action
should be marked as related to Davis in accordance with the Court’s Local Rules.
The Clerk of Court is directed to enter judgment REMANDING these matters to their
respective SROs and to close both of the above-captioned actions.
SO ORDERED.
Dated: September 25, 2024
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

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