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GENDALIA v. GIOFFRE

Nos. 83 Civ. 4069(RWS), 83 Civ. 4239(RWS).

606 F.Supp. 363 (1985)

Frank GENDALIA, Felix N. Fidelibus and Stella Rathgeb, Plaintiffs, v. Donald GIOFFRE, Fred Gioffre, John Colangelo and Anthony J. Zaccagnino, individually and as Members of the Town Counsel of the Town of Rye, New York, Anthony J. Posillipo, individually and as Supervisor of the Town of Rye, Aldo Vitagliano, individually and as Town Attorney of the Town of Rye, and the Town of Rye, a Municipal Subdivision of the State of New York, Defendants. Domenick J. PATAFIO, Plaintiff, v. Donald GIOFFRE, Fred Gioffre, John Colangelo and Anthony J. Zaccagnino, individually and as Members of the Town Counsel of the Town of Rye, New York, Anthony J. Posillipo, individually and as Supervisor of the Town of Rye, Aldo Vitagliano, individually and as Town Attorney of the Town of Rye, and the Town of Rye, a Municipal Subdivision of the State of New York, Defendants.

United States District Court, S.D. New York.

March 29, 1985.

Attorney(s) appearing for the Case

Monroe Yale Mann, Port Chester, N.Y., for plaintiffs.

William Paul Sirignano, Mount Vernon, N.Y., for defendants.

OPINION

SWEET, District Judge.

Defendants Donald Gioffre, Fred Gioffre, John Colangelo and Anthony J. Zaccagnino, individually and as members of the Town Council of the Town of Rye, New York, Anthony J. Posillipo, individually and as Supervisor of the Town of Rye, Aldo Vitagliano, individually and as Town Attorney of the Town of Rye, and the Town of Rye, a Municipal subdivision of the State of New York (collectively the "Town defendants") have moved to dismiss...

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