Mcavey v. Orange-Ulster Boces et al, No. 1:2007cv11181 - Document 16 (S.D.N.Y. 2009)

Court Description: OPINION:#98003 Based on the conclusion above, Defendants' motion to dismiss is denied. (Signed by Judge Robert W. Sweet on 8/25/2009) (jfe) Modified on 9/8/2009 (eef).

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UNITED STATES DlSTRICT COURT SOUTHERN DISTRICT OF NEW YORK EIECTRONICALLY FILED COLLEEN MCAVEY, Plaintiff, -against- 07 Civ. 11181 OPINION ORANGE-ULSTER BOCES, JEFFREY SMITH, former Deputy Superintendent, JAKE MCHALE, Principal of Flannery High School, and MARGUERITE FLOOD, Executive Director for Personnel, sued in their individual capacities, Defendants. A P P E A R A N C E S : -~ Attorneys for Pl~aintiff SUSSMAN & WATKINS P.O. Box 1005 40 Park Place Goshen, New York 10924 By: Christopher D. Watkins, Esq. Attorneys for Defendants Orange-Ulster Boces, Jake McHale and Marguerite Flood LAMB & BARNOSKY, LLP 534 Broadhollow Road, Suite 210 P.O. Box 9034 Melville, New York 11747-9034 By: Sharon N. Berlin, Esq. Sweet, D.J. The defendants Orange-Ulster Boces ("Boces"), Jake McHale ("McHale") and Marguerite Flood ("Flood") (collectively, the "Defendants") have moved pursuant to Rule 12 (b)(6), Fed. R. Civ. P., to dismiss the complaint of plaintiff Colleen McAvey ("McAvey" or the "Plaintiff") alleging retaliation in violation of 42 U.S.C. 5 1983 arising from McAvey's exercise of her First Amendment rights. Based upon the conclusions set forth below, the motion is denied. I. PRIOR PROCEEDINGS This case was initiated by the filing of the complaint on December 12, 2007, and was assigned to the Honorable Stephen C. Robinson. Defendants' motion was marked fully submitted on February 13, 2008. On June 5, 2009, the action was reassigned to this Court. 11. FACTUAL ALLEGATIONS

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