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Reyes v. State of New York, Division of State Police

Transfer of Discrimination Action Against NYSP to Western District Is Explained

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OPINION & ORDER Plaintiff Kevin Reyes (“Plaintiff”) brings this Action against Defendant State of New York, Division of State Police (“Defendant”), under Title VII, alleging that Defendant failed to promote him and subjected him to inferior terms and conditions of employment on the basis of his national origin, which ultimately caused his constructive discharge. (See generally Compl. (Dkt. No. 1).) Before the Court is Defendant’s Motion to Transfer Venue to the Western District of New York (the “Western District”), pursuant to 28 U.S.C. §1404(a) (the “Motion”). (Def.’s Not. of Mot. to Transfer Venue (“Not. of Mot.”) (Dkt. No. 11).) For the following reasons, Defendant’s Motion is granted. I. Background A. Factual Background Unless specified otherwise, the following facts are drawn from Plaintiff’s Complaint and are taken as true in resolving the instant Motion. Plaintiff resides in Hamburg, Erie County, New York. (See Compl. 1, Ex. 1 at 2.) According to Defendant, Plaintiff has resided in Hamburg since 2013. (Def.’s Mem. of Law in Supp. of Mot. (“Def.’s Mem.”) at 2 (Dkt. No. 12); see also Decl. of Amanda W. Cox in Supp. of Mot. (Cox Decl.) at 3 (Dkt. No. 13).) Defendant is headquartered in Albany, New York. (See Compl. 2; see also id. Ex. 1 at 2.) Plaintiff commenced working for Defendant on November 2, 1998, and was promoted to the rank of Lieutenant in 2013. (Id. at

8-9.) Plaintiff alleges, between 2016 and 2020, despite a positive recommendation from his immediate supervisor and his willingness to relocate, Defendant passed Plaintiff over for a promotion to the rank of Captain. (Id.

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