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FRASCA v. YAW

No. CV 91-3246 (ADS).

787 F.Supp. 327 (1992)

Lawrence FRASCA and Margaret Frasca, Plaintiffs, v. R. Stephen YAW as Town of Ticonderoga Police Officer, Michael Connery, as Police Com'r, Town of Ticonderoga, Ticonderoga Town Police Dept., Town of Ticonderoga, John McDonald, as Dist. Atty. of Essex County, and John McDonald, Individually, Essex County, Julius Daby, James LeFevre and Louis LeFevre, Defendants.

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

March 26, 1992.

Attorney(s) appearing for the Case

Daniel A. Conti, Hempstead, N.Y., for plaintiffs.

Fitzgerald Morris Baker Firth, P.C. (Robert P. McNally, of counsel), Glens Falls, N.Y., for defendants R. Stephen Yaw, Michael Connery, Ticonderoga Town Police Dept. and the Town of Ticonderoga.

Law Offices of Brooks & Meyer (James M. Brooks, of counsel), Lake Placid, N.Y., for defendants John McDonald as Dist. Atty. of Essex County, John McDonald, Individually, and Essex County.

Plunkett & Jaffee, P.C. (John P. Cahill, of counsel), White Plains, N.Y., for defendants Julius Daby, James LeFevre and Louis LeFevre.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

In this action brought pursuant to 42 U.S.C. § 1983 for alleged violations of the plaintiffs' civil rights, the ten defendants uniformly move to dismiss the action, pursuant to 28 U.S.C. § 1406(a), or to transfer venue of this case, pursuant to 28 U.S.C. § 1404(a), to the United States District Court for the Northern District of New York.

The primary issue to be resolved, is whether...

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