Judge Joseph Bianco
Purzak has Advanced Sleep Phase Syndrome. She worked for Long Island Housing Services Inc. (LIHS) from March 2009 until Aug. 6, 2010. Purzak claimed LIHS discriminated against her, in violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Her complaint in 12-CV-1747 was filed April 9, 2012, while her nearly identical complaint in 12-CV-4010 was filed Aug. 10, 2012. She never filed an affidavit of service for 12-CV-1747, and the 12-CV-4010 complaint, was allegedly improperly served upon an attorney not qualified to accept service of process on LIHS's behalf. Despite finding that Purzak did not demonstrate proper service on the defendants in 12-CV-1747, district court denied dismissal, and extended to serve that complaint. Three of the four factors in Carroll v. Certified Moving & Storage favored extension. Most importantly, dismissal of 12-CV-1747 would bar Purzak from re-filing the complaint because the statute of limitations has expired. In addition to having actual notice of Purzak's claims the only prejudice defendants claimed was that they would be forced to defend suit despite the statute of limitations' expiry. Such an obligation does not rise to the level of prejudice necessary to tip the balance of factors in defendants' favor.
