TODARO v. NORAT

No. 537, Docket 96-7503.

112 F.3d 598 (1997)

Albert C. TODARO, Plaintiff-Appellant, v. Cecilia E. NORAT, individually and as Executive Director of the State Insurance Fund; James Doe, James Doe, individually and officially; Michael Roe, individually and officially; Michael Doe, Michael Doe, individually and officially; George Roe, individually and officially; The State Insurance Fund; State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 18, 1997.


Attorney(s) appearing for the Case

Craig T. Dickinson, White Plains, NY (Jonathan Lovett, Lovett & Gould, of counsel), for Plaintiff-Appellant.

Charles F. Sanders, Assistant Attorney General, New York City (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, and Peter G. Crary, Assistant Attorney General, of counsel), for Defendants-Appellees.

Before NEWMAN, Chief Judge, OAKES and WINTER, Circuit Judges.


OAKES, Senior Circuit Judge:

Albert Todaro appeals a decision of the United States District Court for the Southern District of New York, Barrington D. Parker, Judge, dismissing, pursuant to Fed. R.Civ.P. 12(b)(6), his action brought under 42 U.S.C. § 1983 against Cecilia Norat in her individual capacity. We vacate and remand.

On February 1, 1984, Todaro was appointed to the position of Director of Accounts and Finance and Investment Officer at...

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