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WESTCHESTER DAY SCHOOL v. VILLAGE OF MAMARONECK

No. 02 CIV. 6291(WCC).

236 F.Supp.2d 349 (2002)

WESTCHESTER DAY SCHOOL, Plaintiff, v. VILLAGE OF MAMARONECK, the Board of Appeals of the Village of Mamaroneck, Antonio Vozza, James Gaita, George Mgrditchian, Barry Weprin and Clark Neuringer, in Their Official Capacity as Members of the Board of Appeals of the Village of Mamaroneck, Defendants.

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

December 4, 2002.

Attorney(s) appearing for the Case

Morrison & Foerster, L.L.P., New York City (Jack C. Auspitz, Esq., Joel C. Haims, Esq., Of Counsel) Bernstein, Liebhard & Lifshitz, L.L.P., New York City (Stanley D. Bernstein, Esq., Of Counsel), for Plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains, NY (Steven M. Silverberg, Esq., Katherine Zalantis, Esq., Of Counsel), for Defendants.

Carter, Ledyard & Milburn, New York City (Stephen L. Kass, Esq., Mark D. Sullivan, Esq., Samantha Klein, Esq., Of Counsel), for Amicus Curiae Sound.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Westchester Day School ("WDS"), brings this action against defendants Village of Mamaroneck, the Zoning Board of Appeals of the Village of Mamaroneck ("ZBA"), and Antonio Vozza, James Gaita, George Mgrditchian, Barry Weprin and Clark Neuringer, in their official capacity as members of the ZBA. Plaintiff seeks relief under the...

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