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HAYES v. SWEENEY

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK


March 25, 1997

LEAH M. HAYES, Plaintiff,
v.
JOHN E. SWEENEY, individually and in his capacity as Commissioner, New York State Department of Labor, and FREDDA PERITZ, individually, and in her capacity as Director, Community Services Division, New York State Department of Labor, Defendant.

The opinion of the court was delivered by: ARCARA

ORDER

 The above-referenced case was referred to Magistrate Judge Carol E. Heckman pursuant to 28 U.S.C. § 636(b)(1)(B), on October 3, 1996. On March 6, 1997, Magistrate Judge Heckman filed a Report and Recommendation, recommending that defendants' motion to dismiss be granted with respect to the defamation claim against defendant Sweeney, and denied with respect to the § 1983 claim against defendants Sweeney and Peritz in their individual capacities, the § 1981 claim against defendants Sweeney and Peritz in their official and individual capacities, and the § 1985(3) claim against defendants Sweeney and Peritz in their official and individual capacities. The Magistrate Judge further recommended that the motion to dismiss the defamation claim against defendant Peritz be denied with respect to statements allegedly made in the presence of James Abdou on May 10, 1996 (discussion at IV(B)(2)), and granted with respect to all remaining allegations.

 The Court having carefully reviewed the Report and Recommendation, the record in this case, as well as the pleadings and materials submitted by the parties; and no objections having been timely filed, it is hereby

 ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Heckman's's Report and Recommendation, defendants' motion to dismiss is granted with respect to the defamation claim against defendant Sweeney, and denied with respect to the § 1983 claim against defendants Sweeney and Peritz in their individual capacities, the § 1981 claim against defendants Sweeney and Peritz in their official and individual capacities, and the § 1985(3) claim against defendants Sweeney and Peritz in their official and individual capacities. Further, the motion to dismiss the defamation claim against defendant Peritz is denied with respect to statements allegedly made in the presence of James Abdou on May 10, 1996 (discussion at IV(B)(2)), and granted with respect to all remaining allegations.

 The case is referred back to Magistrate Judge Heckman for further proceedings.

 IT IS SO ORDERED.

 HONORABLE RICHARD J. ARCARA

 UNITED STATES DISTRICT COURT

 Dated: March 25, 1997

19970325

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