-ARL Brtalik v. South Huntington Union Free School District, No. 2:2010cv00010 - Document 15 (E.D.N.Y. 2010)

Court Description: MEMORANDUM & ORDER granting in part and 11 Motion to Dismiss. For the foregoing reasons, defts' motion to dismiss is granted to the extent that the court dismisses pltff's state law claims for failure to file the statutory notice of claim . The court dismisses Pltff's Section 1983 First Amendment claim. The court dismisses any ADA claim based upon the allegation that Pltff was perceived as disabled. The court denies leave to re-plead any dismissed claim. The claims that remai n are the ADA discrimination/failure to accomodate claims and the ADA claim of retaliation. The Clerk of the Court is directed to terminate the motion to dismiss, and the parties are to continue with ongoing pretrial procedures, geared toward discovery of facts within the parameters of the claims that remain. ( Ordered by Senior Judge Leonard D. Wexler on 10/6/2010.) c/m (Fagan, Linda)