Peter C. MANBECK, Wendy Gennimi, Jay and Carol Durante, Lynn and David Guttermuth, Mary Clark, Daniel Pritchard, Geoffrey Shaw, David Oltman, individually and on behalf of all others similarly situated, Plaintiffs,
v.
Eugene MICKA, Catherine Micka, Andrew Weingarten, Kathy Weingarten, Paul Taft, Tracy Taft, Town of Lewisboro, James Nordgren, Town Supervisor and former member of the Town Planning Board, individually and in his official capacity, Allen Hershkowitz, Town Councilman, individually and in his official capacity, Jay Fain, Wetland Inspector, former Wetland Consultant, individually and in his official capacity, Jay Fain & Associates, LLC, Planning Board, Jacqueline Dzaluk, Chairwoman of the Planning Board, individually and in her official capacity, Joseph Decaminada, Member of the Planning Board, individually and in his official capacity, Freida Halpern, Member of the Planning Board, individually and in her official capacity, Maureen Maguire, Member of the Planning Board, individually and in her official capacity, P.J. Rossi, Member of the Planning Board, individually and in his official capacity, Vincent Vetrano, Former Chairman of the Planning Board, individually and in his official capacity, Margaret A. Clark, Planning Board Attorney individually and in her official capacity, Conservation Advisory Council, Mark Patek, Chairman of the Conservation Advisory Council, individually and in his official capacity, Building Department, William Cargain, Building Inspector, and former Wetland Inspector, individually and in his official capacity, peter barrett, Deputy Building Inspector, individually and in his official capacity, William Agresta, Town Planner, individually and in his official capacity, Defendants.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
July 30, 2009.
July 30, 2009.
Attorney(s) appearing for the Case
Alexandra N. Manbeck, Esq., Law Offices of Alexandra N. Manbeck, Cross River, NY, for Plaintiffs Peter C. Manbeck, Jay Durante, Carol Durante, Lynn Guttermuth, David Guttermuth, Mary Clark, Daniel Pritchard, Geoffrey Shaw, and David Oltman.
Robert I. Goodman, Esq., Law Offices of Robert I. Goodman, Rye Brook, NY, for Plaintiff Wendy Gennimi.
Michael F. Sirignano, Esq., Law Offices of Michael F. Sirignano, Cross River, NY, for Defendants Eugene Micka and Catherine Micka.
Simone Petromelis, Esq., O'Connor & Petromelis LLP, Latham, NY, for Defendants Andrew Weingarten and Kathy Weingarten.
John Polinsky, Esq., Michael F. Grady, Esq., Rende, Ryan & Downes LLP, White Plains, NY, for Defendants Paul Taft and Tracy Taft.
James A. Randazzo, Esq., Gelardi & Randazzo LLP, Hawthorne, NY, for Defendants Town of Lewisboro, James Nordgren, Allen Hershkowitz, Jacqueline Dzaluk, Joseph DeCaminada, Freida Halpern, Maureen Maguire, P.J. Rossi, Vincent Vetrano, Margaret A. Clark, Conservation Advisory Council, Mark Patek, Building Department, William Cargain, Peter Barrett, and William Agresta.
Daniel E. O'Neill, Esq., Boeggeman, George, & Corde, P.C., White Plains, NY, for Defendants Jay Fain and Jay Fain & Associates LLC.
United States District Court, S.D. New York.
MEMORANDUM DECISION AND ORDER ADOPTING IN PART AND MODIFYING REPORT AND RECOMMENDATION
SEIBEL, District Judge.
Before the Court are Plaintiffs' Objections to the Report and Recommendation of Magistrate Judge George A. Yanthis dated March 5, 2009 (the "R & R"), recommending that this Court (1) grant Defendants' motions for summary judgment seeking the dismissal of all claims in this action, and (2) deny Plaintiffs' cross-motions for summary judgment....
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