DuPaul v. Jackson

DECISION and ORDER

SIRAGUSA, District Judge.

Defendant, Richard Jackson, Commissioner of the New York State Department of Motor Vehicles, through his attorney, Assistant Attorney General Emil J. Bové, has filed a motion [document # 5] for dismissal under Federal Rules of Civil Procedure § 12(b)(6). Plaintiffs have filed no written response, but at oral argument of their motion for a preliminary injunction [document # 2] on May 21, 1998, plaintiff, Kenneth DuPaul, responded orally to the points raised in the defendant’s motion. For the reasons stated below, the Court grants defendant’s motion…