Plaintiff-Appellant, v. SUMMARY ORDER NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, COLER GOLDWATER MEMORIAL HOSPITAL, Defendants-Appellees. (2nd Cir. 2002)

Federal Circuits, 2nd Cir. (April 01, 2002)

Docket number: 01-7557


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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 1st day of April, two thousand two.

PRESENT:

HON. CHESTER J. STRAUB, HON. ROBERT A. KATZMANN, Circuit Judges, HON. WILLIAM K. SESSIONS III, District Judge.*

HELEN SIMMONS, Plaintiff-Appellant, —v.— SUMMARY ORDER No. 01-7557

NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, COLER GOLDWATER MEMORIAL HOSPITAL, Defendants-Appellees.

Helen E. Simmons, pro se Appearing for Plaintiff-Appellant:

Elmhurst, NY Appearing for Defendant-Appellee: Elizabeth I. Freedman, Assistant Corporation Counsel, City of New York (Michael D. Hess, Corporation Counsel, on the brief)

New York, NY Appeal from the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge).

AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED.

Plaintiff-Appellant Helen E. Simmons appeals from a decision of the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge) granting summary judgment in favor of Defendants-Appellees New York City Health and Hospitals Corporation and Coler and Goldwater Hospitals. Ms. Simmons alleges that the defendants discriminated and retaliated against her based on race and age in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. ' 2000e et seq., the Age Discrimination in Employment Act of 1967, 29 U.S.C. ' 621 et seq., the New York State Human Rights Law, New York Executive Law ' 290 et seq., and the New York City Human Rights Law, New York City Administrative Code ' 8-101, et seq.

We review orders granting summary judgment de novo and focus on whether the district court properly concluded that there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law. See Allstate Ins. Co. v. Mazzola, 175 F.3d 255, 258 (2d Cir. 1999). We have considered all of Simmons=s contentions in this appeal and substantially for the reasons stated in the ruling of the District Court, Simmons v. New York City Health and Hosp.

Corp., Coler and Goldwater Mem=l Hosp., No. 99-CV-3181, 2001 U.S. Dist. LEXIS 4640, *1

(E.D.N.Y. Mar. 30, 2001), we find her arguments to be without merit.

Accordingly, the judgment of the District Court is AFFIRMED.

FOR THE COURT:

ROSEANN B. MACKECHNIE, CLERK BY DATE

[*]-. The Honorable William K. Sessions III, of the United States District Court for the District of Vermont, sitting by designation.

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