Opinion

Siino v. Board of Trustees of New York City Teachers' Retirement System

  • 374 F. App'x 221
Court
Court of Appeals for the Second Circuit
Filed
Apr 26, 2010
Status
Unpublished
On the bench
Miner, Cabranes, Wesley
Cited by
2 cases
Authority
More cited than 53.2%

The opinion

09-1684-cv

Siino v. Board of Trustees of the New York City Teachers’ Retirement System

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to a summary

order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of

Appellate Procedure 32.1 and this court’s Local Rule 32.1.1. When citing a summary order in

a document filed with this court, a party must cite either the Federal Appendix or an

electronic database (with the notation "summary order"). A party citing a summary order

must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at

the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New

York, on the twenty-sixth day of April, two thousand and ten.

PRESENT:

ROGER J. MINER ,

JOSÉ A. CABRANES,

RICHARD C. WESLEY ,

Circuit Judges.

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CAROLYN JANE SIINO ,

Plaintiff-Appellant,

v. No. 09-1684-cv

BOARD OF TRUSTEES OF THE NEW YORK CITY TEACHERS’

RETIREMENT SYSTEM and CITY OF NEW YORK ,

Defendants-Appellees.

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FOR PLAINTIFF-APPELLANT: CAROLYN JANE SIINO , pro se, Forest Hills,

NY.

FOR DEFENDANTS-APPELLEES: SUZANNE K. COLT, Senior Counsel (Michael

A. Cardozo, Corporation Counsel, on the brief),

1

The City of New York Law Department, New

York, NY.

Appeal from a judgment of the United States District Court for the Southern District of

New York (P. Kevin Castel, Judge).

UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED,

ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.

Plaintiff-appellant Carolyn Siino (“plaintiff”) appeals from an order of the District Court

entered January 16, 2009, dismissing her claims against defendants, Board of Trustees of the New

York City Teachers’ Retirement System and the City of New York (“defendants”), and a second

order dated March 13, 2009, denying her motion for reconsideration. The District Court liberally

construed plaintiff’s complaint to be asserting the following claims: (1) violations of her “right to

liberty” and “right to dignity” arising under 42 U.S.C. § 1983; (2) violations of Internal Revenue

Service regulations, and (3) intentional infliction of emotional distress under state law. Siino v. Bd. of

Trustees, No. 08 Civ. 4529, 2009 WL 166557, at *3-5 (S.D.N.Y. Jan. 16, 2009). We assume the

parties’ familiarity with the remaining factual and procedural history of the case.

We find no error in the District Court’s comprehensive analysis of plaintiff’s claims, and we

agree that the allegations in plaintiff’s complaint were insufficient to state a claim upon which relief

can be granted. See Fed. R. Civ. P. 12(b)(6). Accordingly, we affirm the judgment of the District

Court substantially for the reasons stated in its thorough and careful memoranda and orders dated

January 16 and March 13, 2009. See Siino, 2009 WL 166557, at *2-6 (granting defendants’ motion to

dismiss); Siino v. Bd. of Trustees, No. 08 Civ. 4529, 2009 WL 734076, at *1-2 (S.D.N.Y. Mar. 13, 2009)

(denying plaintiff’s motion for reconsideration).

CONCLUSION

We have considered all of plaintiff’s arguments and find them to be without merit. For the

foregoing reasons, the judgment of the District Court is AFFIRMED.

FOR THE COURT,

Catherine O’Hagan Wolfe, Clerk of Court

2

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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