DEEPWELLS ESTATES INC. v. INCORPORATED VILLAGE OF HEAD OF THE HARBOR

No. CV-96-5879 (ADS).

973 F.Supp. 338 (1997)

DEEPWELLS ESTATES INC. and Nicholas Petervary, Plaintiffs, v. INCORPORATED VILLAGE OF HEAD OF THE HARBOR, Edward W. Hoffman, Daniel J. Shybunko, Glen G. Williams, Barbara Van Liew, David Sayre, Frank Zingale, Marie D. Wiese, each in their individual capacities and in their official capacities as members of the Board of Trustees of the Incorporated Village of Head of the Harbor and William C. Miller and Richard Wiedersum, both in their individual capacities and as Chairman of the Planning Board of the Incorporated Village of Head of the Harbor, Helen Kycia, in her individual capacity and as Chairman of the Architecture Board, and Jerry Harris, in his individual capacity and as Building Inspector for the Incorporated Village of Head of the Harbor and Other Unknown Defendants, Defendants.

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

August 16, 1997.


Attorney(s) appearing for the Case

Weinberg & Kert, LLP, Garden City, NY (Arnold Kert, Alan C. Stein, of counsel), for Plaintiffs Deepwells Estates Inc. and Nicholas Petervary.

Certilman, Balin, Adler & Hyman, LLP, East Meadow, NY (Neil H. Angel, Robert J. Ciovacco, of counsel), for Defendants Incorporated Village of Head of the Harbor, Edward W. Hoffman, Daniel J. Shybunko, Glen G. Williams, Barbara Van Liew, David Sayre, Frank Zingale, Marie D. Wiese, William C. Miller, Richard Wiedersum, Helen Kycia and Jerry Harris.


MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

This action arises from the claims of the plaintiffs, Nicholas Petervary ("Petervary") and his real estate developing company, Deepwells Estates Inc. ("Deepwells", collectively, the "plaintiffs"), pursuant to 42 U.S.C. §§ 1983 and 1985, that the defendants, the Incorporated Village of Head of the Harbor (the "Village"), and various officials and board members of the Village, in their individual...

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