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BURTNIEKS v. CITY OF NEW YORK

No. 757, Docket 82-7733.

716 F.2d 982 (1983)

Elvira BURTNIEKS, Plaintiff-Appellant, v. The CITY OF NEW YORK, a municipal corporation, George C. Sakona, Ernest Cocolicchio, Irving Minkin, Cornelius F. Dennis, Frank Juliano, Michael Weiner, Alexander Perciballi, Ronald Silvers and BC Enterprises, Inc., a corporation, "John Doe," "Richard Roe," and "Jane Doe," names being fictitious, parties intended being persons or corporations who collaborated with or acted in concert with the aforenamed defendants or any one or more of them with respect to the subject matter of this action, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 26, 1983.

Attorney(s) appearing for the Case

Joseph P. Giasi, Jr., New York City (Alexander L. Caccia, John Anthony Smith, Turk, Marsh, Kelly & Hoare, New York City, of counsel), for plaintiff-appellant.

Francis F. Caputo, New York City (Frederick A.O. Schwarz, Jr., Corporation Counsel of the City of New York, Barry I. Berger, New York City, of counsel), for defendants-appellees City of New York and City Employees.

Richard Imbrogno, New York City (Gordon & Shechtman, P.C., New York City, of counsel), for defendant-appellee BC Enterprises, Inc.

Before VAN GRAAFEILAND, PIERCE and WINTER, Circuit Judges.

PIERCE, Circuit Judge:

Elvira Burtnieks appeals from a decision of the United States District Court for the Southern District of New York, Henry F. Werker, Judge, entered August 30, 1982, granting appellees' motion for summary judgment and dismissing appellant's claim that appellees had deprived her of her property without due process of law in violation of 42 U.S.C. § 1983 (Supp. III 1979)1 "on the merits as against all defendants...

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