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MARGIOTTA v. KAYE

No. 02 CV 5059(ADS)(ARL).

283 F.Supp.2d 857 (2003)

Paul MARGIOTTA, Court Officers Benevolent Association of Nassau County, Plaintiffs, v. The Honorable Judith S. KAYE, as Chief Judge of the New York State Unified Court System, and The Honorable Jonathan Lippman, as Chief Administrative Judge of the New York State Unified Court System, Defendants.

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

September 18, 2003.

Attorney(s) appearing for the Case

William D. Wexler, Esq., North Babylon, NY, for Plaintiffs.

Eliot Spitzer, New York Attorney General by Ralph Pernick, Assistant Attorney General, Mineola, NY, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court is a motion to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure ("Fed. R. Civ.P.").

I. BACKGROUND

The following facts are taken from the complaint, the documents incorporated therein by reference, and matters of which judicial notice...

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