642 Fed.Appx. 68 (2nd Cir. 2016), 15-2702, Siddiqua v. New York State Department of Health

Docket Nº:15-2702
Citation:642 Fed.Appx. 68
Party Name:JESMAIN SIDDIQUA, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF HEALTH, Defendant-Appellee
Attorney:FOR APPELLANT: MEREDITH A. MORIARITY (John J. Hoke, on the brief), Smith Hoke, PLLC, Albany, NY. FOR APPELLEES: KATE H. NEPVEU, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Andrea Oser, Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of...
Judge Panel:PRESENT: PIERRE N. LEVAL, RICHARD C. WESLEY, Circuit Judges, BRENDA K. SANNES, District Judge.[*]
Case Date:March 16, 2016
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 68

642 Fed.Appx. 68 (2nd Cir. 2016)

JESMAIN SIDDIQUA, Plaintiff-Appellant,

v.

NEW YORK STATE DEPARTMENT OF HEALTH, Defendant-Appellee

No. 15-2702

United States Court of Appeals, Second Circuit

March 16, 2016

Editorial Note:

This case was not selected for publication in the Federal Reporter and Not to be Cited as Precedent. (See Federal Rule of Appellate Procedure Rule 32.1)

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 TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

Appeal from a judgment of the United States District Court for the Northern District of New York. (Suddaby, J.).

FOR APPELLANT: MEREDITH A. MORIARITY (John J. Hoke, on the brief), Smith Hoke, PLLC, Albany, NY.

FOR APPELLEES: KATE H. NEPVEU, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Andrea Oser, Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, NY.

PRESENT: PIERRE N. LEVAL, RICHARD C. WESLEY, Circuit Judges, BRENDA K. SANNES, District Judge.[*]

Page 69

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is REVERSED and the case is REMANDED.

Appellant Jesmain Siddiqua (" Siddiqua" ) appeals from the District Court's judgment dismissing her complaint for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. In her complaint, Siddiqua alleges claims of interference and retaliation in violation of the Family Medical Leave Act of 1993 (" FMLA" ), 29 U.S.C. § § 2601 et seq., against Appellee, her former employer, the New York State Department of Health (the " Department" ). In its order dismissing Siddiqua's complaint, the District Court found that the present action was barred under the doctrines of collateral estoppel and res judicata because Siddiqua's FMLA claims had already been decided in the Department's favor in (1) a prior arbitration proceeding related to a disciplinary grievance appeal Siddiqua had filed against the Department pursuant to the provisions of her union's collective bargaining agreement and (2) a prior action Siddiqua had brought in state court seeking to vacate the resulting arbitration award. We assume the...

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