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SCHUBERT v. CITY OF RYE

Case No. 09-CV-6867 (KMK).

775 F.Supp.2d 689 (2011)

Robert SCHUBERT and Rita Schubert, Plaintiffs, v. CITY OF RYE, City Council of the City of Rye, Andrew C. Ball, in his individual capacity and as a member of the City Council of the City of Rye, Mack Cunningham, in his individual capacity and as a member of the City Council of the City of Rye, Paula Gamache, in her individual capacity and as a member of the City Council of the City of Rye, Catherine Parker, in her individual capacity and as a member of the City Council of the City of Rye, George S. Pratt, in his individual capacity and as a member of the City Council of the City of Rye, Joe Sack, in his individual capacity and as a member of the City Council of the City of Rye, George J. Mottarella, in his individual capacity and as City Engineer of the City of Rye, Steven Otis, in his individual capacity and as Mayor of the City of Rye, and O. Paul Shew, in his individual capacity and as City Manager of the City of Rye, Defendants.

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

March 31, 2011.

Attorney(s) appearing for the Case

Steven H. Gaines, Esq., Gaines, Gruner, Ponzini & Novick LLP, White Plains, NY, for Plaintiffs.

Louis G. Corsi, Esq., Cristi L. Luckow, Esq., Landman Corsi Ballaine & Ford PC, New York, NY, Terry A. Rice, Esq., Rice & Amon, Suffern, NY, for Rye, Defendants.

Paul Edward Svensson, Esq., Hodges, Walsh & Slater LLP, White Plains, NY, for Defendant O. Paul Shew.

OPINION AND ORDER

KENNETH M. KARAS, District Judge:

Robert Schubert ("Schubert") and Rita Schubert (collectively, "Plaintiffs") bring this action, pursuant to 42 U.S.C. § 1983, against the City of Rye, the City Council of the City of Rye ("the City Council"), various members of the City Council in their individual and official capacities, George J. Mottarella ("Mottarella"), in his individual capacity...

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