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Sotolongo v. The New York State Dep't of Motor Vehicles

Employer's Office Party and Meeting Exclusions Does Not Establish Hostile Environment

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MEMORANDUM & ORDER Plaintiff Maria Sotolongo brings this action against Defendants New York State Department of Motor Vehicles (“DMV”), Michelle Menzione, and Bushra Vahdat individually and in their official capacities. (Am. Compl. (Dkt. 14).) Sotolongo, an administrative law judge who works at the DMV, alleges that her supervisors, Vahdat and Menzione, retaliated against her after she complained of gender discrimination. (See id.

5-16.) Sotolongo alleges violations of Title VII of the Civil Rights Act of 1964 against the DMV and violations of 42 U.S.C. §1983 and the New York State Constitution against all Defendants. (See id. 16.) Before the court is Defendants’ motion to dismiss Sotolongo’s claims pursuant to Federal Rule of Civil Procedure 12(b)(6). (Defs.’ Mot. to Dismiss (“Mot.”) (Dkt. 20).) For the reasons stated below, Defendants’ motion is GRANTED. I. BACKGROUND A. Facts The court takes the following statement of facts largely from Plaintiff’s complaint, the well-pleaded allegations of which the court accepts as true for purpose of Defendants’ motion to dismiss. See N.Y. Pet Welfare Ass’n v. City of New York, 850 F.3d 79, 86 (2d Cir. 2017).¹ Sotolongo was hired by the DMV as an ALJ on September 22, 2005. (Am. Compl.

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