YNOA v. NEW YORK-PRESBYTERIAN, 215 Fed.Appx. 47 (2nd Cir. 2007)

Isabel YNOA, Plaintiff-Appellant, v. NEW YORK-PRESBYTERIAN the UNIVERSITY HOSPITALS OF COLUMBIA AND CORNELL, Defendant-Appellee.

No. 05-4273-cv.United States Court of Appeals, Second Circuit.
January 26, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED and

Page 48

DECREED that the judgment of the district court be, and it hereby is, AFFIRMED.

Appeal from the United States District Court for the Southern District of New York (Denny Chin, Judge).

Sanford A. Kutner, Law Firm of Sanford A. Kutner, Metairie, LA, for Appellant.

James Stuart Frank, Sills Cummis Epstein Gross, P.C., New York, NY, for Appellee.

PRESENT: Hon. ROBERT D. SACK, Circuit Judge, and Hon. JED S. RAKOFF, District Judge.[*]

[*] The Honorable Jed S. Rakoff, of the United States District Court for the Southern District of New York, sitting by designation. Because the Honorable Richard C. Wesley recused himself shortly prior to argument, a two judge panel decided this case. See 2d Cir. R. § 0.14(b).

SUMMARY ORDER
The district court granted summary judgment to the defendant. The plaintiff Isabel Ynoa appeals. We assume the parties’ familiarity with the facts of this case, its procedural history, and the issues on appeal.

On appeal, Ynoa contends principally that the district court erred by failing to address her argument that the defendant unlawfully retaliated against her in 2002 by terminating her employment without her knowledge. This issue was not raised before the district court and, because there are no extraordinary circumstances, it is deemed waived See, e.g., Greene v. United States, 13 F.3d 577, 586 (2d Cir. 1994).

The judgment of the District Court is therefore hereby AFFIRMED.