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LEVENTHAL v. KNAPEK

Docket No. 00-9306.

266 F.3d 64 (2001)

Gary LEVENTHAL, Plaintiff-Appellant, v. Lawrence KNAPEK, Individually and as Assistant Commissioner for the Office of Budget and Finance of the Department of Transportation of the State of New York, John Samaniuk, Individually and as Director of the Office of Internal Audit and Investigation of the Department of Transportation of the State of New York, Louis P. Desol, Individually and as Director of the Employee Relations Bureau of the Department of Transportation of the State of New York, Michael J. McCarthy, Individually and as the Director of the Division of Budget and Finance of the Department of Transportation of the State of New York, Theresa Vottis, Individually and as Associate Internal Auditor in the Office of Internal Audit and Investigation of the Department of Transportation of the State of New York, New York State Department of Transportation and Joseph H. Boardman, Individually and as Commissioner of the Department of Transportation of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: September 26, 2001.

Attorney(s) appearing for the Case

BRIAN J. O'DONNELL, Rowley, Forrest, O'Donnell & Beaumont, P.C., Albany, New York, (Jessica R. Wilcox on the brief), for plaintiff-appellant.

JULIE M. SHERIDAN, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Daniel Smirlock, Deputy Solicitor General, Peter H. Schiff, Senior Counsel), for defendants-appellees.

Before: LEVAL, SACK, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge:

After receiving anonymous allegations that an employee reasonably suspected to be plaintiff-appellant Gary Leventhal was neglecting his duties in the Accounting Bureau of the New York State Department of Transportation ("DOT"), DOT investigators, without Leventhal's consent, printed out a list of the file names found on Leventhal's office computer. The list of file names contained evidence that certain non-standard software was loaded on...

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