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DUTCHESS/PUTNAM RESTAURANT v. PUTNAM COUNTY DEPT.

No. 01 CIV. 3837.

178 F.Supp.2d 396 (2001)

DUTCHESS/PUTNAM RESTAURANT & TAVERN ASSOCIATION, INC., Cutillo's Restaurant, Ltd., d/b/a Cutllo's Restaurant, Highlander's Hub Corporation, d/b/a Highlander's Hub, Plaintiffs, v. The PUTNAM COUNTY DEPARTMENT OF HEALTH, Bruce R. Foley, Public Health Director, The Putnam County Board of Health, Sam Oliverio, Regina Morini, Donna Bernard, Daniel Doyle, Louis Aurisicchio, Herbert Bessen, Carol L. Weber and Michael Nesheiwat, In their Official Capacities as Members of the Putnam County Board of Health, Defendants.

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

December 19, 2001.

Attorney(s) appearing for the Case

Kevin T. Mulhearn, Rogers & Mulhearn, P.C., Orangeburg, New York, for plaintiffs.

James A. Randazzo, Servino, Santangelo & Randazzo, LLP, White Plains, New York, for defendants.

OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' CROSSMOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

The Dutchess and Putnam Restaurant & Tavern Association and two owners of restaurants located in Putnam County, New York (collectively "plaintiffs") bring this action for declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201, 2202, and for attorney's fees pursuant to 42 U.S.C. §...

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