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DUCH v. JAKUBEK

Docket No. 07-3503-cv.

588 F.3d 757 (2009)

Karen DUCH, Plaintiff-Appellant, v. Lieutenant Edward JAKUBEK, in his official capacity, New York State Office of Court Administration, and The State of New York, Defendants-Appellees, Court Officer Brian Kohn, individually and in his official capacity, Defendant.

United States Court of Appeals, Second Circuit.

Decided: December 4, 2009.

Attorney(s) appearing for the Case

Mathew Paulose, Jr., Koehler & Isaacs LLP, New York, NY, for Plaintiff-Appellant.

Patrick J. Walsh, Assistant Solicitor General (Andrew M. Cuomo, Attorney General of the State of New York, on the brief, Barbara D. Underwood, Solicitor General, Peter Karanjia, Special Counsel to the Solicitor General, of counsel), Office of the Attorney General for the State of New York, New York, NY, for Defendants-Appellees.

Anjana Samant, Outten & Golden LLP, New York, N.Y. (Stefano G. Moscato, National Employment Lawyers Association, San Francisco, CA, on the brief), for Amicus Curiae National Employment Lawyers Association in support of Plaintiff-Appellant.

Before: LEVAL, CABRANES, and HALL, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Plaintiff-appellant Karen Duch ("plaintiff" or "Duch"), a former court officer and employee of the New York State Office of Court Administration ("OCA"), appeals from the August 6, 2007 judgment of the United States District Court for the Southern District of New York (Loretta A. Preska, Judge) insofar as the District Court, in an August 2, 2007 memorandum and order, granted summary judgment in favor of defendants-appellants...

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