United States Second Circuit

In an employment discrimination action, the dismissal of the complaint based on the res judicata effect of a prior state administrative proceeding is vacated where the state court's dismissal was not a decision on the merits that would preclude the filing of a renewed state court action.

Appellate Information

• Argued 11/02/2009
• Decided 01/25/2010
• Published 01/25/2010

Judges

• GERARD E. LYNCH, Circuit Judge:, Before PARKER, HALL, AND LYNCH, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Anthony C. Donofrio, Massapequa, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Roger H. Briton, (Ian B. Bogaty, on the brief), Jackson Lewis LLP, Melville, NY, for Defendant-Appellee.