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WESTCHESTER DAY SCHOOL v. VILLAGE OF MAMARONECK

No. 02 CIV. 6291(WCC).

417 F.Supp.2d 477 (2006)

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.

March 2, 2006.

Attorney(s) appearing for the Case

Morrison & Foerster, LLP, New York, NY, Jack C. Auspitz, Esq., Joel C. Haims, Esq., Kyle W.K. Mooney, Esq., Of Counsel.

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

Thacher Proffitt & Wood LLP, White Plains, NY, Kevin J. Plunkett, Esq., Darius P. Chafizadeh, Esq., Of Counsel.

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

Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, Attorneys for Amicus Curiae United States of America, New York, Sarah E. Light, Esq., Asst. United States Attorney.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Westchester Day School ("WDS" or the "School") brings this action against defendants the Village of Mamaroneck (the "Village"), the Zoning Board of Appeals of the Village of Mamaroneck (the "ZBA"), Mauro Gabriele, George Mgrditchian, Barry Weprin and Clark Neuringer, in their official capacities as members of the ZBA, and Antonio Vozza, in his official capacity as a former member...

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