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CARTER v. INCORPORATED VILLAGE OF OCEAN BEACH

No. 10-0740-cv.

EDWARD CARTER, FRANK FIORILLO, KEVIN LAMM, JOSEPH NOFI, and THOMAS SNYDER, Plaintiffs-Appellants, v. INCORPORATED VILLAGE OF OCEAN BEACH, JOSEPH C. LOEFFLER, JR., Mayor, individually and in his official capacity, NATALIE K. ROGERS, Former Mayor, individually and in her individual capacity, OCEAN BEACH POLICE DEPARTMENT, GEORGE B. HESSE, Acting Deputy Police Chief, individually and in his official capacity, SUFFOLK COUNTY POLICE DEPARTMENT, SUFFOLK COUNTY DEPARTMENT OF CIVIL SERVICE, and ALISON SANCHEZ, individually and in her official capacity, Defendants-Appellees. and SUFFOLK COUNTY DISTRICT ATTORNEY'S OFFICE Defendant.

United States Court of Appeals, Second Circuit.

March 18, 2011.

Attorney(s) appearing for the Case

DOUGLAS H. WIGDOR ( Andrew S. Goodstadt , Ariel Y. Graff on the brief), Thompson Wigdor & Gilly LLP, New York, New York for Plaintiffs-Appellants.

CHERYL F. KORMAN ( Evan H. Krinick , Kenneth A. Novikoff , Merril S. Biscone , on the brief), Rivkin Radler LLP, Uniondale, New York, for Defendants-Appellees Incorporated Village of Ocean Beach, Joseph C. Loeffler, Jr., Mayor, Natalie K. Rogers, Former Mayor, and Ocean Beach Police Department.

JAMES M. SKELLY ( Kevin William Connolly , Karen M. Lager , on the brief) Marks, O'Neill, O'Brien & Courtney P.C., Elmsford, New York, for Defendant-Appellee George B. Hesse.

ARLENE ZWILLINGS ( Rudolophe M. Baptiste on the brief) Assistant County Attorneys for Christine Malafi , Suffolk County Attorney, Hauppage, New York, for Defendants-Appellees Suffolk County, Suffolk County Police Department, Suffolk County Department of Civil Service, and Alison Sanchez.

Present: RALPH K. WINTER, ROBERT D. SACK, DEBRA ANN LIVINGSON, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.

Plaintiffs-Appellants Edward Carter, Frank Fiorillo, Kevin Lamm, Joseph Nofi, and Thomas Snyder appeal from the district court's February 19, 2010 Opinion & Order granting summary judgment on all of plaintiffs' claims which stem from their one-time employment as seasonal police officers by defendant-appellee Ocean Beach...

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