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SUNRISE DEVELOPMENT, INC. v. TOWN OF HUNTINGTON

No. CV 98-3336(ADS).

62 F.Supp.2d 762 (1999)

SUNRISE DEVELOPMENT, INC., "XYZ, Inc.," and "John Doe" Nos. 1 through 76, Plaintiffs, v. The TOWN OF HUNTINGTON, NEW YORK, Frank P. Petrone, as Town Board of the Town of Huntington, New York, Steven Israel, Mark Cuthbertson, Marlene L. Budd and Susan Scarpati-Reilly as Members of the Twon Board of the Town of Huntington, New York, Defendants.

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

February 3, 1999.

Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, White Plains, NY, William P. Harrington, of counsel, for plaintiffs.

Cullen and Dykman, Garden City, NY, James G. Ryan, of counsel, for defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

By an Order dated October 8, 1998, this Court referred the following motions to United States Magistrate Judge Victor V. Pohorelsky pursuant to 28 U.S.C. § 636(b)(1) for a report and recommendation: the plaintiffs' motion for a preliminary injunction; the defendants' cross-motion to dismiss the complaint; and the plaintiffs' request for attorneys' fees.

The plaintiffs moved for a...

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