Pagan v. County of Dutchess et al
||County of Dutchess, County of Dutchess Department of Public Works, Robert Balkind, Gary Cooper, Paul Zonnenberg, John Sackowitz and Jack Doe
||February 27, 2018
||US District Court for the Southern District of New York
||White Plains Office
||Vincent L. Briccetti
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|December 14, 2018
OPINION AND ORDER re: 20 MOTION to Dismiss filed by John Sackowitz, Paul Zonnenberg, Gary Cooper, Robert Balkind, County of Dutchess Department of Public Works, County of Dutchess. Defendants' partial motion to dismiss th e amended complaint is GRANTED IN PART and DENIED IN PART. Plaintiff's surviving claims are: (i) hostile work environment against Balkind, Zonnenberg, and Sakowich pursuant to Section 1983; (ii) violation of N.Y. Executive Law § 296(1) aga inst the County and Balkind; and (iii) violation of N.Y. Civil Service Law § 75-b against the County. All other claims and defendants are dismissed. The Clerk is instructed to terminate the motion. (Doc. #20). Defendants who have not yet answe red shall do so by December 28, 2018. SO ORDERED. County of Dutchess Department of Public Works, Jack Doe (last name presently unknown, individually), Jack Doe (last name presently unknown, and in his capacity as Supervisor, at the Dutchess C ounty Highway Department), Gary Cooper (Individually) and Gary Cooper (and in his capacity as Director of Dutchess County Highway Construction and Maintenance Division) terminated. Paul Zonnenberg (and in his capacity as Assistant Director of D utchess County Highway Construction and Maintenance Division) answer due 12/28/2018; John Sackowitz (and in his capacity as Dutchess County Road Maintenance Supervisor) answer due 12/28/2018; County of Dutchess answer due 12/28/2018; Paul Zonnenberg (Individually) answer due 12/28/2018; Robert Balkind answer due 12/28/2018; Robert Balkind answer due 12/28/2018; John Sackowitz (Individually) answer due 12/28/2018. (Signed by Judge Vincent L. Briccetti on 12/14/2018) (mml)
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