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Judge Koeltl http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119866 NEW York’s Office of Temporary and Disability Assistance (OTDA) fired plaintiff. The Equal Employment Opportunity Commission (EEOC) dismissed her employment discrimination charge on Dec. 22, 2008. The district court—which assumed that plaintiff received the EEOC’s so-called right-to-sue letter on Dec. 26, 2008—denied the OTDA’s motion to dismiss her suit for race discrimination violating Title VII of the Civil Rights Act as untimely under Title VII’s 90-day statute of limitations. The clerk of court’s records reflected that plaintiff’s complaint—received March 20, 2009—was rejected and returned to her because two bases for jurisdiction, rather than one, were checked on its cover sheet. Plaintiff corrected the error. The docket sheet shows the complaint filed on March 30, 2009. Despite finding that the complaint would normally be deemed untimely under Title VII’s 90-day limitations period, the court, discussing the Contino v. United States and Ortiz v. Cornetta, ruled the complaint arrived in the hands of the clerk before the statute of limitations expired on March 26, 2009. The clerk’s rejection of the complaint was based on a practice whose enforcement would deprive plaintiff of a right, in violation of Federal Rule of Civil Procedure 83(a)(2).

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