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NEW YORK SMSA LTD. v. FLORAL PARK BD. OF TRUSTEES

No. 09-CV-2385 (ADS) (ARL).

812 F.Supp.2d 143 (2011)

NEW YORK SMSA LIMITED PARTNERSHIP d/b/a Verizon Wireless, Plaintiff, v. VILLAGE OF FLORAL PARK BOARD OF TRUSTEES and the Village of Floral Park Village Clerk, Defendants.

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

September 19, 2011.

Attorney(s) appearing for the Case

Amato Law Group, PLLC, by: Alfred L. Amato, Esq., Richard S. Keenan, Esq., Megan F. Carroll, Esq., Of Counsel, Garden City, NY, for Plaintiff.

Ryan Brennan & Donnelly, LLP, by: John E. Ryan, Esq., Of Counsel, Floral Park, NY, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this case, the plaintiff New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon") alleges that the Village of Floral Park ("the Village") Board of Trustees ("the Board") and the Village of Floral Park Village Clerk denied its request for a special use permit to construct a public utility wireless telecommunication facility, in violation of the Telecommunications Act of 1996 (the "TCA...

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