Exhibit,Appendix: Kristin Ballas v. New York Convention Center Operating Corporation d/b/a THE JACOB K. JAVITS CONVENTION CENTER

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                                FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM         INDEX NO. 152786/2023
NYSCEF DOC. NO. 5                                  RECEIVED NYSCEF: 03/24/2023




                    EXHIBIT C
FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM                                              INDEX NO. 152786/2023
NYSCEF DOC. NO. 5 Case 1:22-cv-10332-JLC Document 21 Filed 02/09/23 Page 1 of 2NYSCEF: 03/24/2023
                                                                     RECEIVED




         UNITED STATES DISTRICT COURT
         SOUTHERN DISTRICT OF NEW YORK

          KRISTIN BALLAS,
                                        Plaintiff,
                                                                           22-CV-10332 (JPO)
                              -v-
                                                                                 ORDER
          GREENHOUSE SOFTWARE, INC. and
          NEW YORK CONVENTION CENTER
          OPERATING CORPORATION, d/b/a
          THE JACOB K. JAVITS
          CONVENTION CENTER,
                              Defendants.


         J. PAUL OETKEN, District Judge:

                On January 26, 2023, Defendant New York Convention Center Operating Corporation

         (NYCCOC) moved to dismiss this action pursuant to Federal Rules of Civil Procedure 12(b)(1)

         and 12(b)(6) based on Plaintiff’s failure to serve it with a Notice of Claim within the 90-day

         period required under New York Law where the defendant is a public benefit corporation. (ECF

         No. 13.)

                Plaintiff now moves for leave to discontinue the action without prejudice as against

         Defendant NYCCOC so that she may file a late notice of claim and an amended complaint

         before the Supreme Court of New York, pursuant to General Municipal Law § 50–e(7). (ECF

         No. 17.) Plaintiff’s letter motion for leave to discontinue is unopposed.

                Plaintiff’s motion is therefore granted. The action is discontinued as against Defendant

         NYCCOC, without prejudice. See FED. R. CIV P. 41(a)(2).




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FILED: NEW YORK COUNTY CLERK 03/24/2023 04:48 PM                                          INDEX NO. 152786/2023
NYSCEF DOC. NO. 5 Case 1:22-cv-10332-JLC Document 21 Filed 02/09/23 Page 2 of 2NYSCEF: 03/24/2023
                                                                     RECEIVED




                The Clerk of Court is respectfully directed to close the motions at ECF Numbers 11 and

         17 and to terminate NYCCOC as a defendant in this case.



                SO ORDERED.

         Dated: February 9, 2023
                New York, New York

                                                    ____________________________________
                                                               J. PAUL OETKEN
                                                           United States District Judge




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