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VELARDI v. WALSH

No. 376, Docket 94-7212.

40 F.3d 569 (1994)

Mary VELARDI and Frances Velardi, Plaintiffs-Appellants, v. Cornelius R. WALSH, Jr. and Robert L. Boek, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 15, 1994.

Attorney(s) appearing for the Case

Robert D. Wilcox, Troy, NY, for plaintiffs-appellants.

Victor Paladino, Asst. Atty. Gen., Albany, NY (G. Oliver Koppell, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Peter G. Crary, Asst. Atty. Gen., on the brief), for defendants-appellees.

Before: NEWMAN, Chief Judge, KEARSE and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal concerns the qualified immunity defense of two state police officers who allegedly violated the plaintiffs' constitutional rights when procuring two search warrants and executing one of those warrants. The execution issue arises because of on-the-scene developments that prompted the officers to enter a house next to the one primarily identified in the search warrant. Plaintiffs Mary Velardi and Frances Velardi appeal from the...

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