Malgieri v. Ehrenberg, No. 7:2012cv02517 - Document 12 (S.D.N.Y. 2012)

Court Description: OPINION AND ORDER: Plaintiff's third cause of action for First Amendment retaliation pursuant to 42 U.S.C. § 1983 is dismissed with prejudice. Plaintiffs second cause of action pursuant to New York Civil Service law Section 75-B is dismiss ed with prejudice on consent as withdrawn. The remaining claims are dismissed without prejudice. The Clerk of Court is respectfully directed to terminate the pending motion, (Doc. 6), and close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 12/21/2012) (lnl)