U.S. Court of Appeals for the Second Circuit, 2001

Cobian v. New York City

U.S. Court of Appeals for the Second Circuit · Decided December 21, 2001

23 F. App'x 82

Counsel

Frances Cobian, Pro se., Ronald E. Sternberg, Assistant Corporation Counsel, (Michael D. Hess, Corporation Counsel of the City of New York, on the brief), Office of the Corporation Counsel for the City of New York, New York, NY, for Appellee.

Cases that cite this one

6 later published cases cite this decision.

Giurca v. Bon Secours Charity Health System (District Court, S.D. New York 2023)
Paupaw-Myrie v. Mount Vernon City School District (District Court, S.D. New York 2023)
Williams v. Mount Sinai Medical Center (District Court, S.D. New York 2012)
Adams v. New York State Education Department (District Court, S.D. New York 2010)
Walder v. White Plains Board of Education (District Court, S.D. New York 2010)
Sussle v. Sirina Protection Systems Corp. (District Court, S.D. New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and is AFFIRMED.

Frances Cobian appeals from an order entered by the United States District Court for the Southern District of New York (Kimba M. Wood, Judge), adopting the Report and Recommendation of Magistrate Judge Andrew J. Peck dated December 6, 2000, and granting defendants-appellees’ motion for summary judgment. The District Court held that (1) Cobian’s Title VII and ADA claims relating to actions taken before December 27, 1997 (i.e., 300 days before her October 23, 1998 EEOC charge) are time-barred; (2) Cobian’s claims regarding her niece’s custody are barred by the domestic relations exception and the Rooker Feldman doctrine; (3) Cobian failed to establish a prima facie case of discrimination on the basis of race, national origin or disability; and (4) Cobian failed to establish a prima facie case of retaliation. We affirm for substantially the reasons stated in Magistrate Judge Peck’s thorough and well-reasoned Report and Recommendation. See Cobian v. New York City, No. 99 Civ. 10533, 2000 WL 1782744 (S.D.N.Y. Dec.6, 2000).

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