Penzo v. Consolidated Edison Co. of N.Y.

── Penzo v. Consolidated Edison Co. of N.Y. ── Case No.: 24-2466-cv (L) Court: Court of Appeals for the Second Circuit Date: April 02, 2026 Category: General 24-2466-cv (L) Penzo v. Consolidated Edison Co. of N.Y. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 2nd day of April, two thousand twenty-six. Present: AMALYA L. KEARSE, EUNICE C. LEE, Circuit Judges, ERIC R. KOMITEE, District Judge. * _____________________________________ EMILY PENZO, Plaintiff-Appellant, v. Nos. 24-2466-cv (Lead) 24-2543-cv (Con) † CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant-Appellee. ‡ _____________________________________ * Judge Eric R. Komitee, of the United States District Court for the Eastern District of New York, sitting by designation. † 24-171, originally consolidated with the cases above, was dismissed by order filed on November 14, 2024. ‡ The Clerk of Court is respectfully directed to amend the official caption as listed above. For Plaintiff-Appellant: JOHN MOORE (Jeffrey M. Eilender, on the brief), Schlam Stone & Dolan LLP, New York, NY. For Defendant-Appellee: EPHRAIM J. PIERRE (Amanda M. Williams, on the brief), Seyfarth Shaw LLP, New York, NY; Lynelle J. Slivinski, Consolidated Edison Company of New York, Inc., Law Department, New York, NY. Appeals from August 15, 2024 and August 28, 2024 orders of the United States District Court for the Southern District of New York (Vyskocil, J.) denying the plaintiff’s motion for a new trial and denying, in part, the plaintiff’s motion for attorneys’ fees. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED. Plaintiff-Appellant Emily Penzo, a former employee of Defendant-Appellee Consolidated Edison Company of New York, Inc. (“ConEd”), brought claims against ConEd under the Americans with Disabilities Act, the Family and Medical Leave Act, the New York State Human Rights Law, and the New York City Human Rights Law for alleged discrimination and retaliation she experienced during her tenure with the company. Specifically, Penzo alleged that after she took leave related to