Sinicropi v. Nassau County, 1212

Decision Date12 June 1979
Docket NumberNo. 1212,D,1212
Citation601 F.2d 60
Parties19 Fair Empl.Prac.Cas. 1680, 20 Empl. Prac. Dec. P 30,020 Angelina SINICROPI, Plaintiff-Appellant, v. NASSAU COUNTY, New York State Division of Human Rights and State Human Rights Appeal Board, Defendants-Appellees. ocket 79-7059.
CourtU.S. Court of Appeals — Second Circuit

Angelina Sinicropi, pro se.

Robert O. Boyhan, Mineola, N. Y. (Edward G. McCabe, County Atty. of Nassau County, New York, Mineola, N. Y., of counsel), for defendant-appellee Nassau County.

Stephen A. Marcus, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, George D. Zuckerman, Asst. Sol. Gen., New York City, of counsel), for defendants-appellees New York State Division of Human Rights and State Human Rights Appeal Board.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.

PER CURIAM:

Angelina Sinicropi appeals from a judgment of the United States District Court for the Eastern District of New York, Mark A. Costantino, J., dismissing her complaint against her former employer, Nassau County, and the New York State Division of Human Rights ("the Division") and the New York State Human Rights Appeal Board ("the Appeal Board"). Appellant alleged that appellee Nassau County discriminated against her on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and that the Division and the Appeal Board, also appellees, improperly processed her complaint against Nassau County.

Appellant filed a complaint with the Division in November 1976, charging sex discrimination and retaliation for the filing of previous complaints alleging sex discrimination by her employer. In March 1977 the Division found no probable cause and dismissed the complaint. Appellant appealed to the Appeal Board, which confirmed the dismissal of the complaint in August 1977. The following month, appellant commenced a proceeding in the Supreme Court of the State of New York, Appellate Division, Second Department, to review the order of the Appeal Board, and in February 1978 that court confirmed the determination of the Appeal Board. In April 1978, appellant sought leave to appeal from the New York State Court of Appeals, and that court denied appellant's motion.

In September 1978, appellant commenced the instant proceeding in the federal district court, alleging that Nassau County had discriminated and retaliated against her, that the Division had ignored evidence in support of her complaint and had improperly denied her the right to tape record informal proceedings and that the Appeal Board had delayed review of, and then improperly confirmed, the dismissal of the complaint by the Division. All defendants moved to dismiss the complaint or in the alternative for summary judgment on the grounds that the court lacked jurisdiction, that the complaint failed to state a claim on which relief could be granted and that plaintiff's claims were barred by res judicata. By order filed December 7, 1978, Judge Costantino dismissed the complaint in all respects.

Unfortunately, Judge Costantino did not write an opinion setting forth his reasons for dismissing the complaint. At oral argument in this court, the parties informed us that the judge reached his decision after argument on defendants' motions and stated his reasons orally at that time. We directed the parties to obtain a transcript of that hearing if one had been made, and were informed by letter from counsel for appellees that no stenographic minutes had been made of the proceedings below. Nonetheless, a review of the record makes it clear that appellant's action is barred by the principles of res judicata. In Mitchell v. National Broadcasting Co., 553 F.2d 265 (2d Cir. 1977), ...

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  • Kralowec v. Prince George's County, Md.
    • United States
    • U.S. District Court — District of Maryland
    • November 17, 1980
    ...and dismissed, 477 F.Supp. 587 (S.D.N.Y.1979) (dismissal mandated by Second Circuit's subsequent decision in Sinicropi v. Nassau County, 601 F.2d 60 at 62 (2 Cir. 1979)), dismissal aff'd, 623 F.2d 786 (2 Cir. 1980) (Sinicropi applied retroactively); Nickel v. Highway Industries, Inc., 441 F......
  • Kremer v. Chemical Construction Corporation
    • United States
    • U.S. Supreme Court
    • May 17, 1982
    ...Court then dismissed the complaint on grounds of res judicata. 477 F.Supp. 587 (SDNY 1979). The Court of Appeals refused to depart from the Sinicropi precedent and rejected petitioner's claim that Sinicropi should not be applied retroactively. 623 F.2d 786 A motion for rehearing en banc was......
  • Davis v. U.S. Steel Supply, Div. of U.S. Steel Corp.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • August 30, 1982
    ...judicata against a similar claim brought under Title VII. --- U.S. at ---- - ----, 102 S.Ct. at 1889-1895. See also Sinicropi v. Nassau County, 601 F.2d 60 (2d Cir. 1979). If this is so, it can hardly be argued that Title VII modifies the rules of res judicata so that the same state court j......
  • Nilsen v. City of Moss Point, Miss.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • April 26, 1982
    ...based on the same discriminatory incidents. Harrington v. Vandalia-Butler Bd. of Educ., 6 Cir. 1981, 649 F.2d 434; cf. Sinicropi v. Nassau County, 2 Cir., 601 F.2d 60 (factors barring Title VII claim also bar § 1983 claim), cert. denied, 1979, 444 U.S. 983, 100 S.Ct. 488, 62 L.Ed.2d 411. Th......
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