Root v. Corning Community College

Root v. Corning Community College

Plaintiff:	Leslie Root
Defendant:	Corning Community College
Case Number:	6:2017cv06498
Filed:	July 26, 2017
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Chemung
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Americans with Disabilities - Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 30, 2019	Filing 12 DECISION AND ORDER granting in part and denying in part 5 Motion to Dismiss. Defendants motion to dismiss [#5] is granted in part and denied in part. The application is denied as to Plaintiffs disability-discrimination claims under the ADA and NY HRL and her sexual harassment claim under the NYHRL, but is otherwise granted.Pursuant to Fed.R.Civ.P. 4(m), Plaintiffs time for service is extended, nunc pro tunc. The Clerk of the Court is directed to issue a new summons to Plaintiff. Within twen ty one (21) days after receiving the summons, Plaintiff shall have the summons and a copy of the Complaint served on Defendant. In that regard, Defendants submissions indicate that Corning Community College is governed by a Regional Board of Trustee s (RBOT), of which Carl H. Blowers is the Chairman. New York Civil Practice Law and Rules (CPLR) § 312 indicates that service upon a board or commission having a chairman or other presiding officer, secretary or clerk, by whatever official tit le he is called, may be made by delivering the summons to him. Accordingly, it appears that service of the Summons and Complaint should be made upon Mr. Blowers, as the Chairman of the Colleges RBOT. Plaintiff shall file the process servers affidav it of service with the Clerk of the Court. Upon service of the Summons and Complaint, Defendant shall respond to the claims that have not been dismissed. Signed by Hon. Charles J. Siragusa on 1/30/19. Copy of this NEF and decision and order mailed to pro se plaintiff at 1256 W. Church Street, Elmira, NY 14905 (KAP)-CLERK TO FOLLOW UP-

Date Filed

Document Text

January 30, 2019

Filing 12 DECISION AND ORDER granting in part and denying in part 5 Motion to Dismiss. Defendants motion to dismiss [#5] is granted in part and denied in part. The application is denied as to Plaintiffs disability-discrimination claims under the ADA and NY HRL and her sexual harassment claim under the NYHRL, but is otherwise granted.Pursuant to Fed.R.Civ.P. 4(m), Plaintiffs time for service is extended, nunc pro tunc. The Clerk of the Court is directed to issue a new summons to Plaintiff. Within twen ty one (21) days after receiving the summons, Plaintiff shall have the summons and a copy of the Complaint served on Defendant. In that regard, Defendants submissions indicate that Corning Community College is governed by a Regional Board of Trustee s (RBOT), of which Carl H. Blowers is the Chairman. New York Civil Practice Law and Rules (CPLR) § 312 indicates that service upon a board or commission having a chairman or other presiding officer, secretary or clerk, by whatever official tit le he is called, may be made by delivering the summons to him. Accordingly, it appears that service of the Summons and Complaint should be made upon Mr. Blowers, as the Chairman of the Colleges RBOT. Plaintiff shall file the process servers affidav it of service with the Clerk of the Court. Upon service of the Summons and Complaint, Defendant shall respond to the claims that have not been dismissed. Signed by Hon. Charles J. Siragusa on 1/30/19. Copy of this NEF and decision and order mailed to pro se plaintiff at 1256 W. Church Street, Elmira, NY 14905 (KAP)-CLERK TO FOLLOW UP-

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Plaintiff: Leslie Root
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Defendant: Corning Community College
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