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TIBERIO v. ALLERGY ASTHMA IMMUNOLOGY OF ROCHESTER

Docket No. 11-2576-cv.

664 F.3d 35 (2011)

Lorrie A. TIBERIO, Plaintiff-Appellant, v. ALLERGY ASTHMA IMMUNOLOGY OF ROCHESTER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 20, 2011.

Attorney(s) appearing for the Case

Steven E. LaPrade ( Christina A. Agola , of counsel), Brighton, NY, for Plaintiff-Appellant Lorrie A. Tiberio.

Paul F. Keneally , Underberg & Kessler LLP, Rochester, NY, for Defendant-Appellee Allergy Asthma Immunology of Rochester.

Before: MINER, CABRANES, and WESLEY, Circuit Judges.

PER CURIAM:

We write to clarify that the 90-day limitations period for bringing an employment discrimination claim begins to run when a right-to-sue letter is first received either by the claimant or by the claimant's counsel.

Plaintiff-appellant Lorrie A. Tiberio ("Tiberio") appeals from a May 27, 2011 judgment of the United States District Court for the Western District of New York (Michael A. Telesca, Judge), dismissing her disability discrimination...

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