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DeVITO v. INCORPORATED VILLAGE OF VALLEY STREAM

No. CV 94-5448 (DRH).

991 F.Supp. 137 (1998)

James V. DEVITO, Plaintiff, v. The INCORPORATED VILLAGE OF VALLEY STREAM; George Donley, as Mayor of the Incorporated Village of Valley Stream; Michael Belfiore, as Trustee of the Incorporated Village of Valley Stream; Paul Brown, as Trustee of the Incorporated Village of Valley Stream; Thomas Williams, as Village Attorney of the Incorporated Village of Valley Stream; Vincent W. Ang, as Village Clerk of the Incorporated Village of Valley Stream; Robert J. Gunther, as Superintendent of Public Works of the Incorporated Village of Valley Stream; and Thomas Viani, as an Independent Contractor of the Incorporated Village of Valley Stream, Defendants.

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

January 21, 1998.

Attorney(s) appearing for the Case

James A. DeVito, Forest Hills, NY, for Plaintiff.

Jaspan Schlesinger Silverman & Hoffman LLP by Laurel R. Kretzing, Garden City, NY, for Defendants.

MEMORANDUM AND ORDER

HURLEY, District Judge.

This matter comes before the Court on Defendants' Rule 56 motion for summary judgment on Plaintiff's cause of action for violation of his civil rights, pursuant to 42 U.S.C. § 1983. Defendants (sometimes hereinafter the "Village") maintain that this cause of action is time-barred; alternatively, they attack Plaintiff's civil rights claim on its substantive merits.

For the reasons discussed below,...

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