MORIN v. TORMEY

Docket No. 09-2960-cv.

626 F.3d 40 (2010)

Bobette J. MORIN, Plaintiff-Appellee, v. James TORMEY, individually and in his official capacity as District Administrative Judge of the Fifth Judicial District, Bryan R. Hedges, individually and in his official capacity as Judge of the Onondaga Family Court, John R. Voninski, individually and in his official capacity as Executive Assistant to the District Administrative Judge, William F. Dowling, individually and in his official capacities as Law Clerk to Family Court Judge Bryan Hedges and as Fifth District Court Attorney Referee, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 15, 2010.


Attorney(s) appearing for the Case

Victor Paladino , Asst. Solicitor General, Albany, N.Y. ( Andrew M. Cuomo , N.Y. State Atty. General, Barbara D. Underwood , Solicitor General, Andrew D. Bing , Deputy Solicitor General, Office of the Atty. General, Albany, N.Y., on the brief), for Defendants-Appellants.

William D. Frumkin , White Plains, N.Y. ( Elizabeth E. Hunter , Sujan H. Vasavada , on the brief), for Plaintiff-Appellee.

Before: FEINBERG, NEWMAN, and LYNCH, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

This interlocutory appeal from the denial of a motion to dismiss primarily concerns an allegation of retaliatory action taken against a state court employee because of her refusal to engage in partisan political activity. Defendants-Appellants James C. Tormey, State Supreme Court Justice and District Administrative Judge for the Fifth Judicial District; Bryan R. Hedges, Judge of the Onondaga Family Court; John R. Voninski, the former...

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