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GALTIERI v. KELLY

No. 05-CV-4798(JFB)(LB).

441 F.Supp.2d 447 (2006)

John F. GALTIERI, Marilyn J. Galtieri, Plaintiffs, v. Raymond KELLY, Personally and in His Official Capacity as Police Commissioner of the City of New York, and as Chairman of the Board of Trustees of the Police Pension Fund, Article II; The Board of Trustees of the Police Pension Fund, Article II, Michael D. Welsome, Personally and in His Official Capacity as Executive Director Police Pension Fund of the City of New York; Rhonda Cavagnaro, Personally and in Her Official Capacity as General Counsel for the New York City Police Pension Fund; Jeanne M. Kane, Defendants.

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

June 19, 2006.

Attorney(s) appearing for the Case

The plaintiffs appeared pro se in this action.

Michael A. Cardozo, Esq., Corporate Counsel of the City of New York, by Jay Douglas Dean, Esq., Assistant Corporation Counsel, New York, NY, for the defendants.

MEMORANDUM AND ORDER

BIANCO, District Judge.

John F. Galtieri and Marilyn J. Galtieri, plaintiffs pro se, filed the instant action under 42 U.S.C. § 1983 seeking damages for the garnishment of John Galtieri's accident disability pension to his ex-wife, pursuant to a New Jersey court order. The defendants move to dismiss the action under Fed.R.Civ.P. 12(b)(1) and 12(b)(6). Finding that the Court lacks subject matter jurisdiction over the complaint...

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