STONE v. McGOWAN

No. 99-CV-1941.

308 F.Supp.2d 79 (2004)

Robert W. STONE, Plaintiff, v. James McGOWAN, in his official capacity as Commissioner of the New York State Department of Labor, Steven Rose, in his official capacity as Commissioner of the Oswego County Department of Social Services and as Commissioner of the Oswego County Department of Employment and Training, Darrell G. Kehoe as Town Supervisor of the Town of Sandy Creek and Ronald Wood as Town Highway Superintendent of the Town of Sandy Creek, Defendants.

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

March 2, 2004.


Attorney(s) appearing for the Case

Rural Law Center of New York, Inc. (Heidi Siegfried, Esq., of counsel), Albany, NY, for Plaintiff

Eliot Spitzer, Attorney General of the State of New York (Robert A. Siegfried, Esq., Assistant Attorney General, of counsel), Albany, NY, Attorneys for Defendant McGowan.

Kublin Law Firm, P.C. (Rhonda B. Kublin, Esq., of counsel), Manlius, NY, for Defendant Rose.

McCluskey Law Firm (Timothy M. McCluskey, Esq., of counsel), Sandy Creek, NY, for Defendants Kehoe and Wood.


MEMORANDUM-DECISION AND ORDER

MORDUE, District Judge.

I. INTRODUCTION

Plaintiff, a former recipient of public assistance pursuant to New York State Social Services Law, sues under 42 U.S.C. Section 1983 and the federal Fair Labor Standards Act, codified at 29 U.S.C. § 201 et seq. ("FLSA"),1 alleging that defendants — the Commissioner of the New York State Department of Labor ("DOL"), the Commissioner...

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