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Morales v. NYS Dep't of Labor Division of Employee Services

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 26, 2009

DEBORAH A. MORALES, PLAINTIFF,
v.
NYS DEPARTMENT OF LABOR DIVISION OF EMPLOYEE SERVICES, AND CNY WORKS, INC. DEFENDANTS.

The opinion of the court was delivered by: Norman A. Mordue, Chief United States District Judge

MEMORANDUM DECISION AND ORDER

The Court having reviewed defendant NYS Department Of Labor's ("DOL") motion for reconsideration of the Court's previous determination not to dismiss plaintiff's claims against DOL for lack of proper service pursuant to Fed. R. Civ. P. 4(m), finds that defendant DOL's additional arguments do not warrant reversal of the Court's previous decision on this matter. Indeed, as the Court previously determined, the Second Circuit's holding in Ruddock v. Reno, 104 Fed. Appx. 204, 206-7 (2d Cir. 2004) clearly established that if a plaintiff provides to the U.S. Marshal "information necessary to identify the defendant," the Marshals' failure to effect timely service constitutes good cause for failing to comply with the time requirements of Fed. R. Civ. P. 4(m). Contrary to defendant DOL's arguments, the Court does not find that plaintiff's non-inmate status, which differs from the plaintiff in Ruddock, is a distinguishing factor, particularly because defendant DOL is an agency of the State of New York, readily identified and located in spite of any error by plaintiff in providing an address for service of process.

Based on the foregoing, it is hereby

ORDERED that defendant DOL's motion for reconsideration is DENIED. IT IS SO ORDERED.

Syracuse, New York

20090326

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