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ALTMAN v. TOWN OF AMHERST, N.Y.

No. 98-CV-237(E).

190 F.Supp.2d 467 (2001)

Michael and Susan ALTMAN, Plaintiffs, v. TOWN OF AMHERST, NEW YORK, Defendant.

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

March 13, 2001.

Attorney(s) appearing for the Case

David J. Seeger, Esq., Buffalo, NY, for Plaintiffs.

Block & Colucci, P.C., John J. Marchese, Esq., Buffalo, NY, Phillip A. Thielman, Esq., Amherst Town Attorney, Williamsville, NY, for Defendant.

DECISION and ORDER

MAXWELL, United States Magistrate Judge.

JURISDICTION

By order of the Hon. John T. Elfvin dated September 10, 1998 (Docket # 7) and with the consent of the parties, this matter was referred to the undersigned for disposition of all matters including the entry of judgment pursuant to 28 U.S.C. § 636(c). It is presently before the court on the defendant's motion to dismiss the

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