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MAESTRI v. JUTKOFSKY

No. 1019, Docket 88-7060.

860 F.2d 50 (1988)

Aldo MAESTRI and Gloria Zook, Plaintiffs-Appellants, v. Joseph JUTKOFSKY, the Town of Taghkanic, the State of New York, Thomas Colwell, Dominic Aquilio, Individually and as Officers of the New York State Police, and Ralph Del Pozzo, Jr., and Gordon Zook, Defendants, Joseph Jutkofsky, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Christopher Massaroni, Albany, N.Y. (DeGraff, Foy, Conway, Holt-Harris & Mealey, Albany, N.Y., of counsel), for plaintiffs-appellants.

Roger J. Cusick, Albany, N.Y. (Maynard, O'Connor & Smith, Albany, N.Y., of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, LUMBARD and MESKILL, Circuit Judges.

LUMBARD, Circuit Judge:

This appeal presents the question of whether a town justice may invoke the doctrine of judicial immunity as a defense against a suit alleging that he knowingly exercised authority outside his territorial jurisdiction. Aldo Maestri and Gloria Zook brought this action under 42 U.S.C. §§ 1983, 1985 and 1988 in the Northern District of New York, against Jutkofsky and other defendants. They allege...

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