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Peck v. Baldwinsville Central School District

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 12, 2010

ANTONIO PECK, A MINOR, BY AND THROUGH HIS PARENTS AND NEXT FRIENDS, JO ANNE PECK AND KENLEY LESTER PECK, PLAINTIFF,
v.
BALDWINSVILLE CENTRAL SCHOOL DISTRICT, CATHERINE MCNAMARA ELEMENTARY SCHOOL, ROBERT CREME, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS PRINCIPAL OF CATHERINE MCNAMARA ELEMENTARY SCHOOL, AND THEODORE GILKEY, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT FOR BALDWINSVILLE CENTRAL SCHOOL DISTRICT, DEFENDANTS.

ORDER

In a Summary Order filed on October 26, 2009, the Second Circuit vacated the judgment in this case and remanded with instructions to dismiss the complaint for lack of subject-matter jurisdiction. Accordingly, it is hereby

ORDERED that the complaint is DISMISSED for lack of subject matter jurisdiction; and

it is further

ORDERED that the Clerk of the Court enter judgment accordingly and close this case.

IT IS SO ORDERED.

20100112

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