Lore v. City of Syracuse

Mar 2, 2012
09-3772-cv, 09-4206-cv
Versions:670 F.3d 127
460 F. App'x 73

A.J. Bosman, Esq. Law Office of A.J. Bosman, Esq., Rome, NY for Plaintiff-Appellee-Cross-Appellant.

Gabrielle Mardany Hope, Esq., Syracuse, NY, for Defendants-Cross-Appellee.

Present: AMALYA L. KEARSE, ROBERT D. SACK, and GERARD E. LYNCH, Circuit Judges.

In our February 2, 2012, 670 F.3d 127, opinion (“Opinion“) in the above-captioned appeal, this Court set forth (1) its affirmance of certain parts of the district court‘s judgment, (2) its vacatur of certain other parts of the judgment, and (3) its conditional rulings on the remaining parts of the judgment, dependent on certain elections to be made by plaintiff-appellee-cross-appellant (“Plaintiff“) in this Court and on remand in the district court.

Plaintiff has timely elected, in accordance with Paragraph (C) of the Conclusion section of the Opinion, to withdraw so much of her appeal as challenged the summary dismissal of her claims under the New York Human Rights Law with respect to her removal from the position of public information officer in the defendant-cross-appellee police department.

Accordingly, the appeal is disposed of as set forth in Paragraphs (A), (B), (D), and (E) of the Conclusion section of the Opinion; and the matter is remanded to the district court for further proceedings in accordance with Parts IV and V of the Opinion and Paragraphs (B), (D), and (E) of the Conclusion section of the Opinion.

The mandate shall issue forthwith.