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Corrigan v. New York State Power Authority, 85-ERA-40 (ALJ Sept. 27, 1985)


U.S. Department of Labor
Office of Administrative Law Judges
1111 20th Street, N.W.
Washington, D.C. 20036
Case No. 85-ERA-40

In the Matter of

JOSEPH M. CORRIGAN,
    Complainant

    v.

NEW YORK STATE POWER AUTHORITY,
    Respondent

ORDER OF DISMISSAL
AND
CANCELLATION OF HEARING

    On September 18, 1985 an order was issued affording the Complainant, Joseph M. Corrigan, the period through September 25, 1985 within which to assert that an act of discrimination had been taken against him by the New York State Power Authority within 30 days prior to the filing of his complaint. The Complainant responded to that order by letter dated September 22, 1985, but in that letter made no assertion that any act of discrimination had been taken against him by the New York State Power Authority within 30 days prior to the filing of his complaint. In fact, the Complainant states that his letter of


[Page 2]

July 1, 1985, which the Department of Labor had taken to be a complaint under the Act, was not intended to be a complaint, but that it was merely a "letter" asking for a reply.

    Accordingly, this matter is dismissed both on the ground that the Complainant did not intend to file a complaint. Furthermore, if it had been a complaint it was not timely filed.

    The hearing scheduled for October 2, 1985 in New York City is hereby cancelled, and the complaint dismissed.

       CHARLES P. RIPPEY
       Administrative Law Judge

Dated: 27 SEP 1985
Washington, D.C.

CPR/pac



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