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DeCLARA v. METROPOLITAN TRANSP. AUTHORITY

No. 89 Civ. 7316 (RWS).

748 F.Supp. 92 (1990)

Richard DeCLARA, Plaintiff, v. METROPOLITAN TRANSPORTATION AUTHORITY, Metro-North Commuter Railroad Company, Peter E. Stangl, individually and as President and General Manager of Metro-North Commuter Railroad Company, Thomas A. Constantine, individually and as Superintendent of Police, New York State, Raymond Burney, Assistant Director of Labor Relations, Metro-North Commuter Railroad Company, The State of New York, Defendants.

United States District Court, S.D. New York.

August 29, 1990.

Attorney(s) appearing for the Case

Sam Polur, New York City, for plaintiff.

Metro North Commuter R. Co., Robert Bergen, General Counsel (Denise R. Balan, of counsel), New York City, for defendants Metropolitan Transp. Authority, Metro-North Commuter R.R., Peter Stangl and Raymond Burney.

Robert Abrams, Atty. Gen., State of N.Y. (Ellen J. Fried, Mary E. Oleske, Asst. Attys. Gen., of counsel), New York City, for defendants The State of N.Y. and Thomas A. Constantine.

OPINION

SWEET, District Judge.

Defendants Metropolitan Transportation Authority ("MTA"), Metro-North Commuter Railroad Company ("MetroNorth"), Peter Stangl ("Stangl"), Thomas Constantine ("Constantine"), Raymond Burney ("Burney"), and New York State (the "State") move for dismissal of plaintiff Richard DeClara's ("DeClara") complaint, under either Rule 12(b)(1) or 12(b)(6), Fed.R.Civ.P. For the reasons set forth below, the motion is granted.

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