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MARSHALL v. STATE OF NEW YORK DIV. OF STATE POLICE

No. 95-CV-806.

31 F.Supp.2d 100 (1998)

Margaret A. Naughton MARSHALL, Plaintiff, v. STATE OF NEW YORK DIVISION OF STATE POLICE, James P. McMahon, in his official capacity as Superintendent of the New York State Division of State Police, David M. Luitweiler, in his official capacity as former First Deputy Superintendent of the New York State Division of State Police, Francis A. Defrancesco, in his official capacity as Chief Inspector of the New York State Division of State Police, and Thomas A. Constantine, in his official capacity as former Superintendent of the New York State Division of State Police, Defendants.

United States District Court, N.D. New York.

December 11, 1998.

Attorney(s) appearing for the Case

Higgins, Roberts Law Firm, Schenectady, NY (Maryanne E. Low-Haviland, of counsel), for Plaintiff.

Ruberti, Girvin Law Firm, Albany, NY (Gregg T. Johnson, of counsel), Prior Counsel for Plaintiff.

Hon. Dennis C. Vacco, Office of the Attorney General of the State of New York, Albany, NY David B. Roberts, AAG, of counsel), for Defendant.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

This fee application arises out of an action commenced by plaintiff Margaret A. Naughton Marshall ("Marshall") pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., claiming that she was discriminated against based on her sex. Specifically, Marshall alleged that she was twice denied a promotion based on her gender (in 1992 and 1994), and that...

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