KITTAY v. GIULIANI

No. 00-9248.

252 F.3d 645 (2001)

David R. KITTAY, as Trustee of Duke & Benedict, Inc., Plaintiff-Appellant, v. Rudolph W. GIULIANI, as Mayor of the City of New York, The City of New York, George E. Pataki, as Governor of New York State, 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, M.D., M.P.H., as Commissioner of the New York State Department of Health, New York State Department of Health, James Tierney, as Inspector General of the New York City Watershed, Joseph A. Miele, Sr., as Commissioner of the New York City of Department of Environmental Protection, City of New York Dept. of Environmental Protection Bureau of Sewers, Robert J. Bondi, as Putnam County Executive, The County of Putnam, Frank J. Del Camon, 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-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: June 8, 2001.


Attorney(s) appearing for the Case

KITTAY, Esq., David R. Kittay, Kittay, Gold & Gersshfeld, P.C., White Plains, NY, for plaintiff-appellant.

SUSAN CHOI-HAUSMAN, for Michael D. Hess, Corporation Counsel of the City of New York (Barry P. Schwartz, Christopher G. King, and Gabriela Cacuci, on the brief), New York, NY, for the City defendants.

RACHEL ZAFFRANN, Assistant Attorney General, for Eliot Spitzer, Attorney General of the State of New York (Michael Belohlavek and Norman Spiegel, on the brief), New York, NY, for the State defendants.

Before: WINTER, CALABRESI, and POOLER, Circuit Judges.


PER CURIAM:

I. BACKGROUND

David Kittay ("Kittay"), as trustee in bankruptcy of Duke & Benedict, Inc. ("D & B"), brought this action against various New York City and State governmental entities and officials (collectively "defendants") alleging that the defendants had violated D & B's rights under the United States Constitution, 42 U.S.C. § 1983, the New York State Constitution, the New York Public Health Law, and New York common law. D...

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