Walrath v. New York State Canal Corporation et al, No. 6:2015cv00463 - Document 30 (N.D.N.Y 2016)
Court Description: DECISION AND ORDER granting Pltf's 28 Letter requesting Dismissal for failure to substitute the estate and also Adopting 29 REPORT-RECOMMENDATIONS. Signed by Senior Judge Thomas J. McAvoy on 10/18/16. (sfp, )
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Walrath v. New York State Canal Corporation et al Doc. 30 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ NANCY WALRATH, Plaintiff, 6:15-CV-00463 (TJM/TWD) v. NEW YORK STATE CANAL CORPORATION and NEW YORK STATE THRUWAY AUTHORITY, Defendants. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER I. INTRODUCTION This action brought pursuant to Title VII of the Civil Rights Act of 1964 was referred to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to Magistrate Judge Dancks’ Report-Recommendation [dkt. # 29] have been filed, and the time to do so has expired. II. DISCUSSION After examining the record, this Court has determined that the Report- Recommendation is not subject to attack for plain error or manifest injustice. III. CONCLUSION Accordingly, the Court ADOPTS the Report-Recommendation and Order [dkt. # 29] 1 Dockets.Justia.com for the reasons stated therein. Therefore, it is hereby ORDERED that Plaintiff’s motion [dkt. # 28] to dismiss this action pursuant to Fed. R. Civ. P. 25(a) is GRANTED, and the Complaint is DISMISSED with prejudice. Dated:October 18, 2016 2
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