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NATALIZIO v. CITY OF MIDDLETOWN

301 A.D.2d 507 (2003)

754 N.Y.S.2d 24

DEBORAH NATALIZIO et al., Appellants, v. CITY OF MIDDLETOWN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 13, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

To succeed on their claims pursuant to 42 USC § 1983, the plaintiffs were required to establish the deprivation of a protectable property interest by one acting under the authority of law (see Town of Orangetown v Magee, 88 N.Y.2d 41, 52). Since the plaintiff Deborah Natalizio (hereinafter Deborah) was, at

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