CUSHMAN v. VILLAGE OF ILION, NEW YORK

No. 5:03-CV-451.

317 F.Supp.2d 120 (2004)

Mark CUSHMAN, Plaintiff, v. VILLAGE OF ILION, NEW YORK; The Board of Trustees of the Village of Ilion, New York; John Gilmartin, individually and/or in his capacity as Mayor; jointly and severally, Defendants.

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

January 14, 2004.


Attorney(s) appearing for the Case

Trevett, Lenweaver & Salzer, P.C. (Lawrence J. Andolina, Esq., of Counsel), Rochester, NY, for Plaintiff.

Law Offices of Frank Miller (Frank W. Milller, Esq., Charles E. Symons, Esq., of Counsel), East Syracuse, NY, for Defendants.


MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Mark Cushman ("plaintiff") brought suit against defendants Village of Ilion, New York ("village"), the village board of trustees ("board"), and John Gilmartin ("Gilmartin"), individually and/or in his capacity as village Mayor (collectively, "defendants"), alleging two groups of federal claims1: (1) deprivation of a property interest...

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