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GENDALIA v. GIOFFRE

Nos. 83 Civ. 4069 (RWS), 83 Civ. 4239 (RWS).

631 F.Supp. 509 (1986)

Frank GENDALIA, Felix N. Fidelibus, and Stella Rathgeb, Plaintiffs, v. Donald GIOFFRE, Fred Gioffre, John Colangelo and Anthony J. Zaccagnino, individually and as Members of the Town Council of the Town of Rye, New York, Anthony J. Posillipo, individually and as Supervisor of the Town of Rye, Aldo Vitagliano, individually and as Town Attorney of the Town of Rye, and the Town of Rye, a Municipal Subdivision of the State of New York, Defendants. Domenick J. PATAFIO, Plaintiff, v. Donald GIOFFRE, Fred Gioffre, John Colangelo and Anthony J. Zaccagnino, individually and as Members of the Town Council of the Town of Rye, New York, Anthony J. Posillipo, individually and as Supervisor of the Town of Rye, Aldo Vitagliano, individually and as Town Attorney of the Town of Rye, and the Town of Rye, a Municipal Subdivision of the State of New York, Defendants.

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

March 31, 1986.

Attorney(s) appearing for the Case

Monroe Yale Mann, Port Chester, N.Y., for plaintiffs.

McCarthy, Fingar, Donovan, Drazen & Smith, White Plains, N.Y., for defendants; Michael F. Sirignano, of counsel.

OPINION

SWEET, District Judge.

Plaintiffs Frank Gendalia ("Gendalia"), Felix N. Fidelibus ("Fidelibus") and Stella Rathgeb ("Rathgeb") in an action (83 Civ. 4069) and Domenick J. Patafio ("Patafio") in a related action (83 Civ. 4239) (collectively the "Employees") seek damages under 42 U.S.C. §§ 1983, 1985, 1986 and 28 U.S.C. § 1343 for deprivation of property without due process and arising out of the failure of the defendants Donald Gioffre...

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