Pungitore v. Barbera, 122012 FED2, 12-1795-cv

Docket Nº:12-1795-cv
Party Name:SUSAN PUNGITORE, Individually and on Behalf of her Minor Child
Attorney:For Plaintiff-Appellant: Patricia Finn, Piermont, N.Y. For Defendants-Appellees: Gregg T. Johnson, Lemire Johnson, LLC, Malta, N.Y.
Judge Panel:Present: ROBERT A. KATZMANN, BARRINGTON D. PARKER, RICHARD C. WESLEY, Circuit Judges.
Case Date:December 20, 2012
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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SUSAN PUNGITORE, Individually and on Behalf of her Minor Child "SP", Plaintiff-Appellant

v.

JUDY BARBERA, as Assistant Superintendent of Schools and Individually, DR. DOUGLAS ADAMS, as Superintendent of Schools, and RAMAPO CENTRAL SCHOOL DISTRICT, Defendants-Appellees

No. 12-1795-cv

United States Court of Appeals, Second Circuit

December 20, 2012

UNPUBLISHED OPINION

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 Courthouse, 500 Pearl Street, in the City of New York, on the 20th day of December, two thousand twelve.

Appeal from the United States District Court for the Southern District of New York (Briccetti, J.).

For Plaintiff-Appellant: Patricia Finn, Piermont, N.Y.

For Defendants-Appellees: Gregg T. Johnson, Lemire Johnson, LLC, Malta, N.Y.

Present: ROBERT A. KATZMANN, BARRINGTON D. PARKER, RICHARD C. WESLEY, Circuit Judges.

ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the district court be and hereby is AFFIRMED.

Plaintiff-Appellant Susan Pungitore ("Pungitore") appeals the March 30, 2012, judgment of the United States District Court for the Southern District of New York (Briccetti, J.) dismissing her claim that Defendants-Appellees Ramapo Central School District ("the District"), Assistant Superintendent Judy Barbera ("Barbera"), and Superintendent Douglas Adams discriminated against her daughter SP on the basis of gender. Pungitore sued the defendants under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., alleging that the District refused to move SP from a single-accelerated math course to a double-accelerated math course in the middle of the school year because of her gender. The math course in question was taught by a male, Mr. Brian Schwartz ("Schwartz"), and all of...

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