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COMMER v. AMERICAN FEDERATION OF STATE, COUNTY

No. 02 CIV.7930 RWS.

272 F.Supp.2d 332 (2003)

Roy COMMER, Plaintiff, v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, Defendant.

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

July 17, 2003.

Attorney(s) appearing for the Case

Roy Commer, Staten Island, NY, Plaintiff Pro Se.

Shapiro, Beilly, Rosenberg, Aronowitz, Levy & Fox, New York City, (Barry I. Levy, Elan R. Kandel, of Counsel), for Defendant.

OPINION

SWEET, District Judge.

The defendant American Federation of State, County and Municipal Employees ("AFSCME") has moved under Fed. R.Civ.P. 12(b)(6), to dismiss the complaint of pro se plaintiff Roy Commer ("Commer"), and also for sanctions, seeking attorney's fees for defending against two of Commer's claims. For the reasons set forth below, the motion to dismiss is granted, and the motion for sanctions is denied.

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