DOUGHERTY v. TOWN OF NORTH HEMPSTEAD BD. OF ZONING

Docket No. 01-7223.

282 F.3d 83 (2002)

Michael C. DOUGHERTY, Plaintiff-Appellant, v. TOWN OF NORTH HEMPSTEAD BOARD OF ZONING APPEALS, David Mammina, individually and in his official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Edward Smith, individually and in his official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Donal McCarthy, individually and in his official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Mildred Little, individually and in her official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Sondra Pardes, individually and in her official capacity as a member of the Town of North Hempstead Board of Zoning Appeals and William Smalley, individually and in his official capacity as Town of North Hempstead Building Inspector, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 26, 2002.


Attorney(s) appearing for the Case

Robert L. Dougherty, Garden City, NY, for Plaintiff-Appellant Michael C. Dougherty.

Joan Gilbride, New York, NY (Kaufman, Borgeest & Ryan), for Defendants-Appellees Town of North Hempstead Board of Zoning Appeals, David Mammina, individually and in his official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Edward Smith, individually and in his official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Donal McCarthy, individually and in his official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Mildred Little, individually and in her official capacity as a member of the Town of North Hempstead Board of Zoning Appeals, Sondra Pardes, individually and in her official capacity as a member of the Town of North Hempstead Board of Zoning Appeals and William Smalley, individually and in his official capacity as Town of North Hempstead Building Inspector.

Before: FEINBERG, CARDAMONE, and SOTOMAYOR, Circuit Judges.


FEINBERG, Circuit Judge.

This appeal arises out of an action brought by plaintiff Michael C. Dougherty against defendants Town of North Hempstead Board of Zoning Appeals, its individual members, and the Building Inspector of the Town of North Hempstead. Dougherty's complaint, brought under 42 U.S.C. §§ 1983 and 1985, alleged that defendants violated his constitutional rights in denying his application for a building...

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