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HATHAWAY v. COUNTY OF ESSEX

No. 95-CV-824.

995 F.Supp. 62 (1998)

Richard HATHAWAY and Sharleen Hathaway, Plaintiffs, v. COUNTY OF ESSEX; Town of Ticonderoga; Richard Sypek, State Police Investigator; John McDonald, Former Essex County District Attorney; Ronald Briggs, District Attorney of the County of Essex; Michael Connery, Supervisor of the Town of Ticonderoga; Marie Huntington, Ticonderoga Town Board Member; Mary Gail Russell, Chairperson of the Town of Ticonderoga Youth Commission; Andrew Powvorznik, Ticonderoga Town Board Member; All Individually and in Their Official Capacities, Defendants.

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

February 18, 1998.

Attorney(s) appearing for the Case

Ackerman, Wachs & Finton, P.C., Albany, NY, for Plaintiffs, F. Stanton Ackerman, of counsel.

Fitzgerald Morris, Baker Firth, P.C., Glens Falls, NY, for Defendants Town of Ticonderoga, Michael Connery, Marie Huntington, Mary Gail Russell and Andrew Powvorznik, Robert P. McNally, of counsel.

MEMORANDUM, DECISION AND ORDER

McAVOY, Chief Judge.

In this § 1983 action for malicious prosecution, defendants Town of Ticonderoga, Michael Connery, Marie Huntington, Mary Gail Russell and Andrew Powvorznik move under Fed.R.Civ.P. 12(c) for judgment on the pleadings, or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 56.

I. Background

A. Facts

Between February, 1992, and June, 1994, plaintiff Richard Hathaway...

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