Bernheim v. New York City Department of Education

Background

Laura Bernheim is proceeding without a lawyer and brings claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer discriminated and retaliated against her based on her age and disability.

In an order dated August 28, 2023, the court granted Bernheim permission to proceed without prepaying filing fees. In cases with that status, federal law requires the court to arrange service through the U.S. Marshals Service.

Order

The court instructed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the necessary paperwork to the Marshals Service for service on the New York City Department of Education, Melissa Harrow, and Michael Abbey.

The court explained that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Bernheim should request more time. The court also directed Bernheim to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so. The Clerk was directed to mail Bernheim an information package.

Effect

This is an order concerning service of process, not a decision on the merits of Bernheim’s discrimination or retaliation claims. The opinion’s body and conclusion identify the third individual defendant as “Michael Abbey,” while the service-address section identifies that person as “Michal Abbey.”