District Judge Lorna schofield

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Plaintiff worked for TheraCare from Oct. 2010 to Dec. 2013. She returned to work after receiving FMLA leave in July 2011 for her child’s birth. In May 2013 she told her supervisors and TheraCare’s human resources (HR) department that she was again pregnant and planned to return to work after FMLA leave. In Aug. 2013 plaintiff was informed of the restructuring of her department. She was terminated on Dec. 5, 2013 after an HR representative informed her she was ineligible for FMLA leave because her job was eliminated. The court granted TheraCare and its individual codefendants summary judgment in plaintiff’s action alleging wrongful termination and pregnancy discrimination violating Title VII and New York State Human Rights Law, and interference with and retaliation for exercising rights under the FMLA. Plaintiff did not establish a prima facie case of discrimination under Title VII or the NYSHRL. Further, because it was undisputed that her position was eliminated, that she never applied for a new position with TheraCare, and that TheraCare terminated her employment, plaintiff was not entitled to leave under the FMLA. The record also lacked evidence supporting an inference that plaintiff was terminated with retaliatory intent.