Opinion
Nos. 10-1343-cv (L), 10-1403-cv (CON).
March 4, 2011.
Appeal from the United States District Court for the Eastern District of New York (Irizarry, J.).
ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is AFFIRMED.
Andrew Schatkin, Law Offices of Andrew J. Schatkin, Jericho, N.Y., for Plaintiff-Appellant.
Richard M. Greenspan, Law Offices of Richard M. Greenspan, P.C., Ardsley, N.Y., for Defendants-Appellees Stationary Engineers Local 670 AFL-CIO and Dallas Lucas.
Jason A. Zoldessy (John A. Snyder, on the brief), Jackson Lewis LLP, New York, NY., for Defendants-Appellees VIP Healthcare Services and Cindy Rosen, Manager.
Present: AMALYA L. KEARSE, ROBERT D. SACK, and ROBERT A. KATZMANN, Circuit Judges.
SUMMARY ORDER
Plaintiff-Appellant Gloria Moultrie appeals from the judgment of the district court dismissing the complaint in its entirety. On appeal, Moultrie argues that the district court erred in concluding that (1) the complaint did not state prima facie claims of race or national origin discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq. ("Title VII"), or disability discrimination under the Americans with Disabilities Act of 1990, 42 U.S.C. § 10101 et seq., and (2) Moultrie failed to exhaust her administrative remedies in connection with her Title VII claims. We assume the parties' familiarity with the facts and procedural history of this case.
We have considered Moultrie's arguments and find them to be without merit. For the reasons stated by the district court in its thorough opinions granting Defendants-Appellees VIP Healthcare Services and Cindy Rosen's motion to dismiss the complaint, Moultrie v. VIP Health Care Servs., No. 08-CV-0457 (DLI)(RML), 2009 WL 750219 (E.D.N.Y. Mar. 19, 2009), and granting DefendantsAppellees Stationary Engineers Local 670 AFL-CIO and Dallas Lucas's motion for judgment on the pleadings, Moultrie v. VIP Health Care Servs., No. 08-CV-0457 (DLI)(RML), 2010 WL 1037693 (E.D.N.Y. Mar. 17, 2010), the judgment of the district court is AFFIRMED.