McKenna v. Dinapoli et al
| Patrick M. McKenna |
| Thomas P. Dinapoli, New York State and Local Employees' Retirement System and Thomas Nitido |
| 2:2016cv00024 |
| January 4, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Denis R. Hurley |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
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Filing
25
ORDER granting 24 Motion to Dismiss for Failure to State a Claim: The motion to dismiss the amended complaint is granted. The dismissal of Plaintiff's state law claim is without prejudice. The Clerk of Court is directed to enter judgment accordingly and to close this case. Ordered by Judge Denis R. Hurley on 12/15/2017. (Gapinski, Michele)
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Filing
20
ORDER granting 19 Motion to Dismiss for Lack of Jurisdiction: For the reasons set forth in the attached (1) all claims for monetary relief against DiNapoli and Nitido in their official capacity are dismissed, (2) the claims for declaratory and inj unctive relief are dismissed with leave to file an amended complaint within twenty (20) days of the date hereof; (3) the procedural and substantive due process claims are dismissed; (4) the equal protection claim is dismissed with leave to file an am ended complaint within twenty (20) days of the date hereof; (5) to the extent an amended complaint is not filed, the Court declines to exercise supplemental jurisdiction over plaintiffs state law claim. Ordered by Judge Denis R. Hurley on 12/22/2016. (Gapinski, Michele)
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