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Fishman v. Office of Court Admin. N.Y.S. Courts

Judicial Immunity, Eleventh Amendment, 'Younger' Abstention Noted in Action's Dismissal

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OPINION & ORDER Pro se Plaintiff Marc Fishman (“Plaintiff”) brings this Action, under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12131 et seq., the Rehabilitation Act, 29 U.S.C. §794 et seq., and the New York Human Rights Law (“NYSHRL”), N.Y. Exec. Law §§290-301. Plaintiff seeks various forms of relief against the Office of Court Administration, New York State Courts (“OCA”); the New York State Unified Court System (“NYSUCS”); Nancy J. Barry, District Executive of the Ninth Judicial District (“Barry”); and Dan Weisz, Statewide ADA Coordinator for NYSUCS (“Weisz”) (collectively, “OCA Defendants”); and Associate Court Attorney Michelle D’Ambrosio (“D’Ambrosio)¹ (collectively, “Defendants”).² All Defendants are sued exclusively in their “administrative and official capacity[ies].” (See generally Sec. Am. Compl. (“SAC”) (Dkt. No. 44-1).) Before the Court are D’Ambrosio’s and OCA Defendants’ respective Motions To Dismiss (the “Motions”). (Not. of Mot. (Dkt. No. 67); Not. of Mot. (Dkt. No. 70).) For the following reasons, the Motions are granted. I. Background A. Factual Background The following facts, which are taken as true for the purpose of resolving the instant Motions, are drawn from Plaintiff’s SAC, exhibits attached thereto, and matters of which judicial notice may be taken. See Leonard F. v. Isr. Disc. Bank of N.Y., 199 F.3d 99, 107 (2d Cir. 1999). Plaintiff is a divorced father of four minor children engaged in proceedings in the New York State Family Court (“Family Court”). (SAC

1, 155.) Plaintiff suffers from traumatic brain injury, post-concussion syndrome, occipital neuralgia, temporomandibular joint syndrome, sleep apnea, and other cognitive disorders. (Id.

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