U.S. Court of Appeals for the Second Circuit, 1999

Zingher v. Vermont Division of Vocational Rehabilitation

U.S. Court of Appeals for the Second Circuit · Decided February 1, 1999 · Graafeiland, Kearse, Winter

165 F.3d 1015 (Federal Reporter, Third Series)

Counsel

Jane M. Hunt, Coudert Brothers (Douglas F. Broder, of counsel), New York, New York, for Plaintiff-Appellant., Robert D. Zingher, pro se, Burlington, Vermont, for Plaintiff-Appellant., Dena Monahan, General Counsel, Department of Aging and Disabilities, Waterbury, Vermont, for Defendants-Appellees Vermont Division of Vocational Rehabilitation and David Yacavone., Melissa A.D. Ranaldo, Assistant United States Attorney for the District of Vermont (Charles R. Tetzlaff, United States Attorney), Burlington, Vermont, for Defendants-Appellees Department of Education and Richard Riley.

Opinion of the Court

PER CURIAM:

Robert D. Zingher appeals from Judge Sessions’s dismissal of his complaint because it failed to state a claim upon which relief can be granted and was barred by res judicata. We affirm for substantially the reasons stated by the district court as enunciated in the recommendations of Magistrate Judge Nied-ermeier. See Zingher v. Yacavone, 30 F.Supp.2d 446 (D.Vt. 1997). This decision in no way prejudices Zingher from seeking future services from the Division of Vocational Rehabilitation to which he may be entitled under state or federal law.

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