KITTAY v. GIULIANI

No. 99 CIV. 5761(BDP).

112 F.Supp.2d 342 (2000)

David KITTAY, as Trustee of Duke & Benedict, Inc., Plaintiff, v. Rudolph W. GIULIANI, as Mayor of the City of New York, the City of New York, George E. Pataki, as Governor of the State of New York, the State of New York, John P. Cahill, as Commissioner of the New York State Department of Environmental Conservation, the New York State Department of Environmental Conservation, Antonia C. Novello, as Commissioner of the New York State Department of Health, the New York State Department of Health, James Tierney, as Inspector General of the New York City Watershed, Joseph Miele, Sr., as Commissioner of the New York City Department of Environmental Protection, New York City Department of Environmental Protection, Robert J. Bondi, as Putnam County Executive, the County of Putnam, Frank J. Del Campo, as Supervisor of the Town of Carmel, the Town of Carmel, Lois C. Zutell, as Supervisor of the Town of Southeast, the Town of Southeast, Ann Marie Baisley, as Supervisor of the Town of Kent, and the Town of Kent, Defendants.

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

September 7, 2000.


Attorney(s) appearing for the Case

Michael Peoples, Kittay Gold & Gershfeld, White Plains, NY, for Plaintiff.

Christopher G. King, City of New York, Law Department, New York, for Defendant City of New York.

Rachel Zaffran, Norman Spiegel, State of New York, Office of the Attorney General, New York, NY, for Defendant State of New York.

Daniel A. Seymour, Bank, Sheer, Servino & Seymour, White Plains, NY, for County of Putnam, Town of Kent.


MEMORANDUM DECISION AND ORDER

BARRINGTON D. PARKER, Jr., District Judge.

Plaintiff David Kittay, as Trustee of the bankruptcy estate of Duke & Benedict, Inc. ("D & B"), commenced this action against defendants seeking declaratory judgment, injunctive relief and damages for violations of plaintiff's rights under the United States Constitution, 42 U.S.C. § 1983 ("§ 1983"), the New York State Constitution, the New York Public Health Law (...

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