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MATARAZA v. NEWBURGH ENLARGED CITY SCHOOL DIST.

No. 02 Civ.0113 CM.

294 F.Supp.2d 483 (2003)

John MATARAZA, Plaintiff, v. NEWBURGH ENLARGED CITY SCHOOL DISTRICT Defendant. and Philomena Pezzano, Mary Ann Joyce, both sued in their individual capacities, Proposed Defendants.

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

December 4, 2003.

Attorney(s) appearing for the Case

Michael Howard Sussman, Thornton, Bergstein & Ullrich, LLP, Chester, NY, for Plaintiff.

Mark C. Rushfield, Shaw & Perelson, L.L.P., Highland, NY, for Defendant.

MEMORANDUM DECISION AND ORDER DENYING MOTION TO AMEND

MCMAHON, District Judge.

Plaintiff in this action originally asserted a claim of age discrimination in promotion. Apparently counsel has determined, after discovery, that no such claim can be sustained. However, instead of simply discontinuing his action, he seeks leave to amend his complaint, dismissing the age discrimination allegations, changing his theory of recovery to First Amendment retaliation...

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