Docket No. 02-7729.

335 F.3d 195 (2003)

Eric H. DERAVIN, III, Plaintiff-Appellant, v. Bernard KERIK, Commissioner, and New York City Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 11, 2003.

Attorney(s) appearing for the Case

Gregory S. Lisi, Rockville Centre, NY, for Plaintiff-Appellant.

Paul L. Herzfeld, (Michael A. Cardozo, Corporation Counsel for the City of New York, on the brief, and Francis F. Caputo, of counsel), New York, NY, for Defendants-Appellees.

Before: STRAUB and POOLER, Circuit Judges, and HURD, District Judge.

STRAUB, Circuit Judge.

Plaintiff Eric H. Deravin, III ("Deravin"), a former employee of defendant New York City Department of Corrections ("DOC") asserts claims of race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e et seq. Deravin alleges that defendant Bernard Kerik ("Kerik"), the former Commissioner of the DOC, blocked his promotion to the position of Deputy Warden, because Deravin...


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