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McGREGOR v. GOORD

No. 97-CV-0816.

18 F.Supp.2d 204 (1998)

David McGREGOR, Plaintiff, v. Glenn S. GOORD, Individually and in his official capacity as Commissioner of the Department of Correctional Services, Thomas E. Testo, Alfred F. Accornero and Captain Rock, Individually and in their official capacities, Defendants.

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

August 17, 1998.

Attorney(s) appearing for the Case

Rowley, Forrest Law Firm, Albany, NY (Brian J. O'Donnell, of counsel), for Plaintiff.

Office of Attorney General, Department of Law, Albany, NY (Eric D. Handelman, Asst. Attorney General, of counsel), for Defendants.

MEMORANDUM, DECISION & ORDER

MCAVOY, Chief Judge.

Plaintiff David McGregor brings this action under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq., alleging defendants violated his rights to leave thereunder. Defendants now move to dismiss the Complaint, pursuant to Fed.R.Civ.P. 12(b)(1), for lack of subject matter jurisdiction. Defendants argue they are immune from suit under the Eleventh Amendment to the United States...

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