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Priore and Orlando Obtain Full Voluntary Dismissal for NY Agency in Federal Employment Discrimination Case

May 4, 2022

Christopher Priore (Partner-Albany, NY) and Olivia Orlando (Associate-Albany, NY) obtained a voluntary dismissal on behalf of the State of New York, the New York State Department of Corrections and Community Supervision (DOCCS), its Commissioner and other senior staff in an employment discrimination case in the Eastern District of New York. The plaintiff alleged failure to promote her due to “fabricated” employment reviews along with instances of discrimination and a hostile work environment. When Chris and Olivia moved to dismiss, the plaintiff amended her complaint to assert 13 causes of action including Title VII. Upon filing a second motion to dismiss, the team laid out distinctive defenses for each alleged cause of action including that DOCCS employees could not be held liable for Title VII claims. The plaintiff’s counsel sought leave of court to voluntarily dismiss the amended complaint rather than file any opposition to the motion.

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