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HERZOG v. WILL

No. 96 Civ. 0549 (CLB).

931 F.Supp. 276 (1996)

Joseph HERZOG, Miriam Herzog and Jeffrey Herzog, Plaintiffs, v. George WILL, et al., Defendants.

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

July 23, 1996.

Attorney(s) appearing for the Case

Jonathan Lovett, Lovett & Gould, White Plains, NY, Robert M. Lefland, Frum, Lefland & Fisher, L.L.P., Tarrytown, NY, for Joshua Herzog, Miriam Herzog.

Jonathan Lovett, Lovett & Gould, White Plains, NY, for Jeffrey Herzog.

Daniel Joel Schneider, Drake, Sommers, Loeb, Tarshis & Catania, P.C., Newburgh, NY, for George Will et al.

Rochelle J. Auslander, Anderson, Banks, Curran & Donoghue, Mount Kisco, NY, Joseph A. Catania, Jr., Daniel Joel Schneider, Drake, Sommers, Loeb, Tarshis & Catania, P.C., Newburgh, NY, Robert M. Lefland, Frum, Lefland & Fisher, L.L.P., Tarrytown, NY, Henri Shawn, Baum & Shawn, Monticello, NY, for Monticello Central School District.

Monte J. Rosenstein, Rosenstein & Helhoski, P.C., Middletown, NY, for police officer defendants and Village of Monticello.

MEMORANDUM & ORDER

BRIEANT, District Judge.

In this civil rights action pursuant to 42 U.S.C. § 1983 with supplemental New York State claims, filed January 25, 1996, certain of the defendants, hereinafter "the School Board defendants" to distinguish them from the "police defendants," moved for summary judgment based on a claim of qualified immunity. The motion was heard before this Court on July 12, 1996, and the Court concluded that an appropriate...

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