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BERNARD v. VILLAGE OF SPRING VALLEY, N.Y.

No. 1188, Docket 93-7802.

30 F.3d 294 (1994)

Kelly BERNARD and Bethune Gardens Corp., Plaintiffs-Appellants, v. VILLAGE OF SPRING VALLEY, NEW YORK; William Beckmann, Assessor, Village of Spring Valley, New York, in his Individual and Official Capacities, and Joel Rosenthal, Mayor, Village of Spring Valley, in his Official and Individual Capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 12, 1994.

Attorney(s) appearing for the Case

Michael H. Sussman, Goshen, NY, for plaintiffs-appellants.

Robert V. Fallarino, Westbury, NY (Chesney, Murphy & Moran, of counsel), for defendants-appellees.

Before: FEINBERG, PRATT, and MINER, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

The central issue in this case is whether the defendants' failure to give plaintiff's property a separate tax designation as required by New York state law may form the basis for a damage action under 42 U.S.C. § 1983 in federal court. The United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, determined that because the available state-court...

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