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ALVAREZ v. SNYDER

264 A.D.2d 27 (2000)

702 N.Y.S.2d 5

OMAR ALVAREZ et al., Appellants, v. LESLIE C. SNYDER et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 13, 2000.

Attorney(s) appearing for the Case

Eugene B. Nathanson (Malvina Nathanson on the brief), attorney, for appellants.

Rebecca Ann Durden of counsel (Michael S. Belohlavek on the brief; Eliot Spitzer, Attorney General of the State of New York, attorney), for Leslie C. Snyder, respondent.

David Henry Sculnick of counsel (Gordon & Silber, P. C., attorneys), for Hillel Bodek, respondent.

SULLIVAN, J. P., RUBIN and BUCKLEY, JJ., concur with TOM, J.; SAXE, J., concurs in a separate opinion.

OPINION OF THE COURT

TOM, J.

Plaintiffs appeal from a Supreme Court order dismissing their complaint seeking damages for alleged violation of their constitutional rights, including freedom of association and speech and deprivation of liberty without due process as detainees in a criminal proceeding.

This is a 42 USC § 1983 action in which plaintiffs seek compensatory and punitive damages and certain injunctive relief. The claims of several plaintiffs...

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