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GUBITOSI v. KAPICA

Docket No. 97-7682.

154 F.3d 30 (1998)

Lori L. GUBITOSI, Plaintiff-Appellee, v. John A. KAPICA, individually and in his capacity as Chief of Police of the Town of Greenburgh, N.Y. Defendant-Appellant, The Town Board of the Town of Greenburgh, N.Y., The Board of Police Commissioners of the Town of Greenburgh, N.Y., and the Town of Greenburgh, N.Y. Defendants.

United States Court of Appeals, Second Circuit.

Decided August 19, 1998.

Attorney(s) appearing for the Case

Louis G. Corsi, Landman Corsi Ballaine & Ford P.C., New York City (Lisa S. Rabinowitz, on the brief), for Defendant-Appellant.

Kenneth J. Aronson, New York City, for Plaintiff-Appellee.

Before: OAKES, MESKILL, and CABRANES, Circuit Judges.

PER CURIAM:

Defendant John A. Kapica, Police Chief of the Town of Greenburgh, New York ("defendant" or "Kapica"), appeals from that portion of an order entered by the United States District Court for the Southern District of New York (Barrington D. Parker, Jr., Judge) on May 9, 1997, holding that he is not entitled to qualified immunity on plaintiff's First Amendment retaliation claim. Kapica argues that plaintiff's allegations of retaliation are conclusory...

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