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WESTCHESTER DAY SCHOOL v. VILLAGE OF MAMARONECK

No. 02 CIV. 6291(WCC).

363 F.Supp.2d 667 (2005)

WESTCHESTER DAY SCHOOL, Plaintiff, v. VILLAGE OF MAMARONECK, the Board of Appeals of the Village of Mamaroneck, Mauro Gabriele, George Mgrditchian, Peter Jackson, Barry Weprin and Clark Neuringer in their official capacity as members of the Board of Appeals of the Village of Mamaroneck, and Antonio Vozza in his official capacity as a former member of the Board of Appeals of the Village of Mamaroneck, Defendants.

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

April 1, 2005.

Attorney(s) appearing for the Case

Morrison & Foerster LLP, Attorneys for Plaintiff, New York, NY, Jack C. Auspitz, Esq., Joel C. Haims, Esq., Of Counsel.

Bernstein Liebhard & Lifshitz, LLP, Attorneys for Plaintiff, New York, NY, Stanley D. Bernstein, Esq., Of Counsel.

Thacher Proffitt & Wood LLP, Attorneys for Defendants, White Plains, NY, Kevin J. Plunkett, Esq., Of Counsel.

The Law Office of Joseph C. Messina, Attorneys for Defendants, Mamaroneck, NY, Joseph C. Messina, Esq., Of Counsel.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Westchester Day School ("WDS") commenced this action against defendants the Village of Mamaroneck, the Zoning Board of Appeals of the Village of Mamaroneck (the "ZBA"), and Antonio Vozza, James Gaita, George Mgrditchian, Barry Weprin and Clark Neuringer, in their official capacity as members of the ZBA (collectively, the "defendants"). Plaintiff seeks relief under the Religious...

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