United States District Court, N.D. New York
Thomas J. Moran Plaintiff
Victor P. DeAmelia, Amanda Colomb, and Nicole Comstock, Defendants
JUDGMENT IN A CIVIL CASE
action came to trial or hearing before the Court. The issues
have been tried or heard and a decision has been rendered.
ORDERED AND ADJUDGED
the Report-Recommendation of Magistrate Judge Christian F.
Hummel is adopted and that Plaintiffs Title VII claims are
hereby DISMISSED with prejudice; Plaintiffs ADA claims are
hereby DISMISSED against Defendants Victor P. DeAmelia,
Amanda Colomb, and Nicole Comstock, with prejudice;
Plaintiffs ADA claims are hereby DISMISSED without prejudice
to Plaintiff bringing ADA claims against a proper defendant
in the future; Plaintiffs demand for punitive damages under
the ADA is hereby DISMISSED with prejudice; and Plaintiffs
demand for compensatory and injunctive relief under the ADA
is hereby DISMISSED without prejudice.
the above pursuant to the order of the Honorable Judge Thomas
J. McAvoy, dated the 28th day of June, 2017.
Rules of Appellate Procedure Rule 4. Appeal as of
Appeal in a Civil Case.
Time for Filing a Notice of Appeal.
a civil case, except as provided in Rules 4(a)(1)(B),
4(a)(4), and 4(c), the notice of appeal required by Rule 3
must be filed with the district clerk within 30 days after
entry of the judgment or order appealed from.
notice of appeal may be filed by any party within 60 days
after entry of the judgment or order appealed from if one of
the parties is:
(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official
(iv) a current or former United States officer or employee
sued in an individual capacity for an act or omission
occurring in connection with duties performed on the United
States' behalf- including all instances in which the
United States represents that person when the ...