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GREENE v. TOWN OF BLOOMING GROVE

Nos. 1200, 1377, Dockets 90-9025, 91-7043.

935 F.2d 507 (1991)

Marvin H. GREENE and Lake Anne Realty Corp., Plaintiffs-Appellees, Cross-Appellants, v. TOWN OF BLOOMING GROVE; Supervisor and Town Board of the Town of Blooming Grove; Building Inspector of the Planning Board of the Town of Blooming Grove; and Board of Zoning Appeals of the Town of Blooming Grove, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 10, 1991.

Attorney(s) appearing for the Case

Patrick J. Maloney, New York City (D'Amato & Lynch, New York City, of counsel), for defendants-appellants, cross-appellees.

Charles G. Mills, Melville, N.Y. (Daren A. Rathkopf, Payne, Wood & Littlejohn, Melville, N.Y., of counsel), for plaintiffs-appellees, cross-appellants.

Before KAUFMAN, WINTER and MINER, Circuit Judges.

MINER, Circuit Judge:

Defendant-appellants/cross-appellees, Town of Blooming Grove and its Town Supervisor, Board, Building Inspector, Planning Board and Board of Zoning Appeals (collectively, "the Town") appeal from the amended portion of a judgment entered in the United States District Court for the Southern District of New York (Kram, J.). The action was brought under the provisions of 42 U.S.C. § 1983 (1988) ("section 1983") to redress the unconstitutional...

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