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.
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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