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FALCHENBERG v. NEW YORK CITY DEPT. OF EDUC.

No. 04 CIV 7598(RWS).

457 F.Supp.2d 490 (2006)

Marsha FALCHENBERG, Plaintiff, v. NEW YORK CITY DEPARTMENT OF EDUCATION, City of New York, New York State Department of Education, State of New York and National Evaluation Systems, Inc., a/k/a Nyste Program, Defendants.

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

October 20, 2006.

Attorney(s) appearing for the Case

Kristian Karl Larsen, Esq., Nathaniel B. Smith, Esq., New York, NY, for Plaintiff.

Honorable Michael A. Cardozo, Corporation Counsel of the City of New York Attorney, by Chad I. Rosenthal, Assistant Corporation Counsel of Counsel, New York, NY, for Defendants New York City Department of Education and the City of New York.

Honorable Eliot Spitzer, Attorney General of the State of New York Attorney, by Antoinette W. Blanchette, Assistant Attorney General of Counsel, New York, NY, for State of New York and New York State Department of Education.

Morgan, Lewis & Bockius, New York, NY (Christopher P. Reynolds, Melissa C. Rodriguez, of Counsel), for Defendant National Evaluation Systems, Inc.

OPINION

SWEET, District Judge.

Defendants National Evaluation Systems, Inc. ("NES"), the New York State Department of Education ("NYSED"), and the State of New York (the "State") (collectively, the "Defendants") have moved pursuant to Rule 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings to dismiss the amended complaint of the plaintiff Marsha Falchenberg ("Falchenberg" or the "Plaintiff). For the reasons set forth below...

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