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REHMAN v. STATE UNIV. OF NEW YORK AT STONY BROOK

No. 08CV0326 (ADS)(MLO).

596 F.Supp.2d 643 (2009)

Jamil REHMAN, M.D., Plaintiff, v. The STATE UNIVERSITY OF NEW YORK AT STONY BROOK; Stony Brook University School of Medicine; Stony Brook University Medical Center; Shirley Strum Kenny, Ph.D. individually and in her official capacity as President of the State University of New York at Stony Brook; Richard Fine, M.D., individually and in his official capacity as Dean of the School of Medicine at Suny Stony Brook; and Wayne Waltzer, M.D., individually and in his official capacity as Chair of the Department of Urology at the State University of New York at Stony Brook, Defendants.

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

February 6, 2009.

Attorney(s) appearing for the Case

Beldock Levine & Hoffman LLP by Cynthia Rollings, Esq., Rachel Miriam Kleinman, Esq., Of Counsel, New York, NY, for plaintiff.

Andrew M. Cuomo, Attorney General of the State of New York by Toni E. Logue, Assistant Attorney General, Mineola, NY, for defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

I. BACKGROUND

The following facts are derived from the parties' pleadings. On this motion, the Court also considers documents incorporated by reference in the complaint. Nechis v. Oxford Health Plans Inc., 421 F.3d 96, 100 (2d Cir.2005) (noting that on a 12(b)(6) motion to dismiss, the Court must limits its "consideration to facts stated in the...

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