The following excerpt is from Galabya v. NYC Bd. Education, 202 F.3d 636 (2nd Cir. 1999):
The transfer of appellant out of special education classes presents a more difficult question, but we conclude that the record is insufficient to permit the inference that this transfer constituted an adverse employment action. Appellant's failure to create a genuine issue of material fact becomes clear when his case is compared to Rodriguez v. Board of Educ., 620 F.2d 362 (2d Cir. 1980).
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