Opinion

Chalasani v. Elia

Court
District Court, E.D. New York
Filed
Dec 7, 2023
Cited by
0 cases
Authority
More cited than 26.8%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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PRASAD CHALASANI,

Plaintiff, MEMORANDUM & ORDER

22-CV-00794(EK)(LB)

-against-

MARYELLEN ELIA, COMMISSIONER OF

EDUCATION STATE OF NEW YORK, NEW YORK

STATE BOARD OF REGENTS, AND STATE

EDUCATION DEPARTMENT COMMITTEE ON THE

PROFESSIONS, et al.,

Defendants.

------------------------------------x

ERIC KOMITEE, United States District Judge:

Judge Bloom issued a report and recommendation (“R&R”)

recommending, for a variety of reasons, that I grant the

defendants’ motion to dismiss Prasad Chalasani’s complaint.1 ECF

No. 27. I adopt the recommendations that Chalasani’s Section

1983 due process claims be dismissed because they are time-

barred and fail adequately to allege insufficient process.

Chalasani’s objections to these conclusions are without merit

for the reasons Judge Bloom sets forth. Having so concluded, I

1 The defendants are the former Commissioner of the New York State

Education Department Education, MaryEllen Elia; the former Commissioner of

the New York State Department of Health, Mary T. Bassett; the former DOH

Commissioner, Howard Zucker; the former Director of the Office of

Professional Medical Conduct, Keith Servis; and Governor Kathy Hochul. They

are named in their personal and official capacities.

do not reach the recommended alternative grounds for dismissal

of the due process claims.

The Freedom of Information Act and Privacy Act of 1974

claims, too, are dismissed, for the reasons stated in the R&R.

The R&R’s Rooker-Feldman recommendation need not be

addressed before the merits. See Butcher v. Wendt, 975 F.3d

236, 244 (2d Cir. 2020). The same is true for sufficiency of

service, United States v. Vazquez, 145 F.3d 74, 80 n.3 (2d Cir.

1998), and for Eleventh Amendment immunity. Springfield Hosp.,

Inc. v. Guzman, 28 F.4th 403, 417 n.18 (2d Cir. 2022).

Accordingly, the R&R is adopted in part. The

defendants’ motion to dismiss for failure to state a claim is

granted. Leave to amend is denied, for the reasons stated in

the R&R. The Clerk of Court is respectfully directed to enter

judgment for the defendants and close this case.

SO ORDERED.

/s/ Eric Komitee__________

ERIC KOMITEE

United States District Judge

Dated: December 7, 2023

Brooklyn, New York

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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