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MALATESTA v. NEW YORK STATE DIV. OF STATE POLICE

No. 97-CV-1833.

120 F.Supp.2d 235 (2000)

Shannon MALATESTA and Anthony Malatesta, Plaintiffs, v. NEW YORK STATE DIVISION OF STATE POLICE; Superintendent James W. McMahon; State of New York; Town of North Greenbush; John J. Ogden, Jr.; William Gonzales; Gary Kelly; George Addis; Eric Moore; and Robert Ashe, Defendants.

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

November 7, 2000.

Attorney(s) appearing for the Case

David Brickman, Albany, NY, for Plaintiff Shannon Malatesta.

Hon. Eliot Spitzer, Attorney General of the State of New York, Attorney for Defendants Ogden, Gonzalez, Kelly, Addis and Moore, Department of Law, Albany, NY, Mirriam Z. Seddiq, Bruce D. Feldman, Asst. Attorneys General, of counsel.

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

On December 16, 1997, plaintiff Shannon Malatesta ("Malatesta") and her husband Anthony Malatesta, commenced the instant action against defendants State of New York, New York Division of State Police, Eric Moore, Robert Ashe, Town of North Greenbush, Gary Kelly, William Gonzalez, John J. Ogden, Nicholas Georgeadis,1 and James...

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