MATTER OF WESLEY v. CITY OF NEW YORK

Index Number 113299/05, Mot. Seq. No. 001. [DK]0 Mot. Seq. No. 002, Cal. Nos. 9, Cal. Nos. 10.

2008 NY Slip Op 32347 (U)

In the Matter of the Claim of GWEN WESLEY, NEIL BLUTH, BETTIE KOLLOCK-WALLACE, RALSTON COY, SHEILAH BOBO, BARBARA THOMAS, JOSEPH SACCENTE, STEVE BERGER, HY GELLER, SAL MAZZOLA, ANNE MCNEILL, JANE MARTIN, ELEANOR LEONARD, RAY HASKINS, CONSTANCE LORENZO-HOLDER, CAROLE KARASIK, IRAIDA FUENTES, FLOYD GREENE, DORIS ROSADO, GEORGINA WILLIAMS, JANE DANAPAS, LYNETITE BRINSON, ROBERT HICKSON, MARGO MCKENZIE, ROBERT HABERSKI, CHERYL C. JONES, CAROL DAVIDSON, NINA POWELL, DEBBIE HARRIS, BOMA JACK, CHARLES HARRINGTON, ALTHEA GIBSON-TREADWELL, and JUDITH SCOTT, Plaintiffs, v. THE CITY OF NEW YORK, BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK d/b/a THE DEPARTMENT OF EDUCATION OF NEW YORK CITY, JOEL KLEIN as Chancellor of the NEW YORK CITY DEPARTMENT OF EDUCATION, and JOHN/ JANE DOE (S) # 1-3 as individuals employed by the NEW YORK CITY DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK and/or THE CITY OF NEW YORK, Defendants.

Supreme Court of the State of New York, New York County.

Submission Date May 7, 2008.


Attorney(s) appearing for the Case

Council of School Supervisors & Administrators, By: David N. Grandwetter, Esq., Brooklyn NY, For the Plaintiffs.

Michael A. Cardozo, Esq., Corporation Counsel of City of New York, By: Basil C. Sitaras, Esq., Joanna R. Helferich, Esq., New York NY, For the Defendants.


DECISION AND ORDER

PAUL G. FEINMAN, J.

Defendants' motion to dismiss the amended complaint (motion sequence 001), and defendants' motion for summary judgment and dismissal of the complaint (motion sequence 002), arc consolidated for purposes of decision.

In motion sequence 001, defendants moved pre-answer to dismiss the amended complaint pursuant to CPLR 3211 (a) (4), (5), and (7). By interim order dated December 13, 2006, the court granted the motion...

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