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FALCHENBERG v. NEW YORK CITY DEPT. OF EDUC.

No. 04 Civ. 7598(RWS).

375 F.Supp.2d 344 (2005)

Marsha FALCHENBERG, Plaintiff, v. NEW YORK CITY DEPARTMENT OF EDUCATION, City of New York, New York State Department of Education, State of New York and National Evaluation Systems, Inc., a/k/a Nyste Program, Defendants.

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

July 1, 2005.

Attorney(s) appearing for the Case

Kristian Karl Larsen, New York, NY, Nathaniel B. Smith, New York, NY, for Plaintiff.

Honorable Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY (Chad I. Rosenthal, Assistant Corporation Counsel, of counsel), for Defendants New York City Department of Education and the City of New York, of counsel.

Honorable Eliot Spitzer, Attorney General of the State of New York, New York, NY (Antoinette W. Blanchette, Assistant Attorney General, of counsel), for State of New York and New York State Department of Education.

Rogers & Hardin, Atlanta, GA (Zachary R. Davis, of counsel), for Defendant National Evaluation Systems, Inc.

OPINION

SWEET, District Judge.

The defendants New York City Department of Education ("DOE"), the City of New York (the "City") (collectively the "City Defendants") have moved under Rule 12, Fed.R.Civ.P., to dismiss the complaint of plaintiff Marsha Falchenberg ("Falchenberg" or the "Plaintiff") for failure to state a claim. For the reasons set forth below, the motion is granted.

Prior Proceedings

Falchenberg filed her complaint...

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