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WESTCHESTER DAY SCHOOL v. VILLAGE OF MAMARONECK

No. 02 CIV.6291 WCC.

280 F.Supp.2d 230 (2003)

WESTCHESTER DAY SCHOOL, Plaintiff, v. VILLAGE OF MAMARONECK, the Board of Appeals of the Village of Mamaroneck, Mauro Gabriele, George Mgrditchian, Peter Jackson, Barry Weprin and Clark Neuringer, in Their Official Capacity as Members of the Board of Appeals of the Village of Mamaroneck, and Antonio Vozza, in His Official Capacity as a Former Members of the Board of Appeals of the Village of Mamaroneck, Defendants.

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

As Amended Nunc Pro Tunc October 1, 2003.

Attorney(s) appearing for the Case

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

Thacher Proffitt & Wood, (Kevin J. Plunkett, Esq., Lino J. Sciarretta, Esq., Darius P. Chafizadeh, Esq., Of Counsel), White Plains, NY, Law Offices of Joseph C. Messina (Joseph C. Messina, Esq., Lisa M. Fantino, Esq., Of Counsel), Mamaroneck, NY, for Defendants.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Westchester Day School ("WDS" or "plaintiff"), brings this action against defendants Village of Mamaroneck, the Zoning Board of Appeals of the Village of Mamaroneck ("ZBA"), Mauro Gabriele, Peter Jackson, James Gaita, George Mgrditchian, Barry Weprin and Clark Neuringer, in their official capacity as members of the ZBA.1 Plaintiff has moved for partial...

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