CAPOZZI v. CITY OF OLEAN, N.Y.

No. 94-CV-850A.

910 F.Supp. 900 (1995)

William CAPOZZI, Plaintiff, v. The CITY OF OLEAN, NEW YORK; City of Olean, New York, Department of Code Enforcement; Ronald M. Blakeslee, individually and in his official capacity as Olean Code Enforcement Officer; City of Olean, New York, Police Department; Patrick Brandow, individually and in his official capacity as Olean Chief of Police; Unknown Police Officers, individually and in their official capacity as Olean Police Officers; City of Olean, New York, Fire Department; John W. Gibbons, individually and in his official capacity as Olean Fire Chief; Paul Melfi, individually and in his official capacity as Acting Olean Fire Chief; John M. Hart, Jr., individually and in his official capacity as Olean City Attorney, Defendants.

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

November 28, 1995.


Attorney(s) appearing for the Case

Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc. (William W. Berry, of counsel), Buffalo, New York, for Plaintiff.

Law Offices of Charles G. DiPasquale (Paul F. Murak, of counsel), Buffalo, New York, for Defendants.


DECISION AND ORDER

FOSCHIO, United States Magistrate Judge.

JURISDICTION

A consent to proceed before the undersigned was filed in this matter on August 2, 1995. The matter is presently before the court on Plaintiff's motion for partial summary judgment, dated October 30, 1995, and Defendant's cross-motion for summary judgment, dated November 1, 1995.

BACKGROUND

Plaintiff, William Capozzi, filed this action under...

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