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GRANITO v. TISKA

No. 00-CV-1892.

181 F.Supp.2d 106 (2001)

John GRANITO, Plaintiff, v. Sgt. Daniel TISKA, Deputy Sheriff, Delaware County Sheriff Department, in his Individual and Official Capacity; The County of Delaware, New York; Thomas E. Mills, as Sheriff of Delaware County; Hon. Glen R. George, Town Justice, Town of Middletown Justice Court; V.W. Parts, Inc.; VWP, Inc.; William W. Hrazanek, Individually and as President and Chair of the Board and Owner of V.W. Parts, Inc. and VWP, Inc.; and Richard LoGuidice, Defendants.

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

December 12, 2001.

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., Oliver, Oliver Law Firm, Albany, NY, for John Granito, Plaintiff.

Frank W. Miller, Offices of Frank W. Miller, East Syracuse, NY, for Daniel Tiska, County of Delaware, Thomas E. Mills, Defendants.

Christine K. Krackeler, D'Agostino, Krackeler Law Firm, Menands, NY, for Glen R. George, Defendant.

Peter J. Hickey, Gerstenzang, O'Hern Law Firm, Albany, NY, for V W Parts Inc., VWP, Inc., William W. Hrazanek, Defendants.

DECISION & ORDER

MCAVOY, District Judge.

Plaintiff brought this action pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 1988, and New York State common law alleging unreasonable seizure of the person, false arrest, and malicious prosecution without probable cause in violation of the Fourth Amendment and New York State common law. Plaintiff further alleges a conspiracy to falsely arrest him and maliciously prosecute him in violation of the Fourth Amendment...

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