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HIGGINS v. TOWN OF SOUTHAMPTON

No. CV 06-3941(JS)(ETB).

613 F.Supp.2d 327 (2009)

Kathleen HIGGINS, Plaintiff, v. TOWN OF SOUTHAMPTON, Allyn Jackson, Sundy Schermeyer, and Curtis Schaffer (In their Individual and Official Capacities), Defendants.

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

May 14, 2009.

Attorney(s) appearing for the Case

Scott Michael Mishkin, P.C., by Scott M. Mishkin, Esq., John Nicholas Forte, Islandia, NY, for Plaintiff.

Devitt Spellman Barrett, by Jeltje De-Jong, Esq., Kelly E. Wright, Esq., Smithtown, NY, for Defendants Town of Southampton, Allyn Jackson and Sundy Schermeyer.

Law Offices of James D. Murtha, by James D. Murtha, Esq., Babylon, NY, for Defendants Curtis Schaffer.

ORDER

BOYLE, United States Magistrate Judge:

Before the Court is the application of defendant Curtis Schaffer ("Schaffer"), seeking a determination, pursuant to Section 18(3)(b) of the New York Public Officers Law, that a conflict of interest exists among the defendants and that Schaffer is entitled to be represented by counsel of his choice. The Town of Southampton (the "Town") opposes Schaffer's application. For the following reasons, Schaffer's...

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