WOOD v. INCORPORATED VILLAGE OF PATCHOGUE OF NY

No. 01-CV-0229(ADS)(ARL).

311 F.Supp.2d 344 (2004)

Donald R. WOOD, Jr., individually and on behalf of all other similarly situated, Plaintiff, v. INCORPORATED VILLAGE OF PATCHOGUE OF NEW YORK, F. Taldone, individually and in his capacity as constable, Mary Pontieri, individually and in her capacity as former Village of Patchogue clerk, Todd C. Johnson individually and in his capacity as former Village of Patchogue treasurer, Rose Marie Berger, individually and in her capacity as former Village of Patchogue clerk, Deidre O'Brien, individually and in her capacity as constable, Stephen Keegan, individually and in his capacity as former mayor of Patchogue, Jeffrey Kracht, individually and in his capacity as former chief constable, Nancy Auer, individually and in her capacity as Village of Patchogue Justice Court clerk, Louis Tomeo, individually and in his capacity as chief constable, Vincent Yannacone, Jr., individually and in his capacity as Judge of the Village of Patchogue Justice Court, Gail Reilly, individually and in her capacity as Village of Patchogue Justice Court clerk, Richard Collocola, individually and in his capacity as Village of Patchogue clerk, Patrick O'Connell, individually and in his capacity as Justice of the Village of Patchogue Court, Deborah Gustam, individually and in her capacity as Clerk of the Village of Patchogue Justice Court, Edward Ihne, individually and in his capacity as Mayor of Patchogue and in his capacity as former village trustee, Jerry Avellino, individually and in his capacity as constable, Salvatore Barbara, individually and in his capacity as constable, Nicholas Chirillo, individually and in his capacity as constable, Alexander Costello, individually and in his capacity as constable, Frances Cuozzo, individually and in his capacity as constable, Richard Debetta, individually and in his capacity as constable, Barry Donadio, individually and in his capacity as constable, Michael Donovich, individually and in his capacity as constable, Daniel Durinick, individually and in his capacity as constable, Scott Eckert, individually and in his capacity as constable, Erick Evrly, individually and in his capacity as constable, Richard Fiorucci, individually and in his capacity as constable, Casto Gonzalez, individually and in his capacity as constable, William B. Hart, individually and in his capacity as constable, Donald Henderson, individually and in his capacity as constable, Ranald Holcombe, individually and in his capacity as constable, Gerald Lenox, individually and in his capacity as constable, William Logan, individually and in his capacity as constable, Karl Makinen, individually and in his capacity as constable, Peter Marks, individually and in his capacity as constable, Erick McFarlan, individually and in his capacity as constable, James Nudo, individually and in his capacity as constable, Brian Panuccio, individually and in his capacity as constable, Kevin Petterson, individually and in his capacity as constable, Susan Ralph, individually and in his capacity as constable, Stephen E. Ramsland, individually and in his capacity as constable, Ferdinando Sabellichi, individually and in his capacity as constable, Cosmo Stoia, individually and in his capacity as constable, Luis Velez, individually and in his capacity as constable, Basil Wattley, individually and in his capacity as constable, Joseph Wood, individually and in his capacity as constable, Nicholas Zambelli, individually and in his capacity as constable, Defendants.

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

March 31, 2004.


Attorney(s) appearing for the Case

Scott & Scott, L.L.P. by Jonathan C. Scott, Esq. and Robert J. Scott, Esq., Melville, NY, for Plaintiff.

L'Abbate, Balkan, Colavita & Contini, L.L.P. by Vincent R. Fontana, Esq., Garden City, NY, for Defendants.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case arises out of claims by the plaintiff Donald R. Wood, Jr. ("Wood" or the "plaintiff"), on behalf of himself and a class of similarly situated persons, that the defendants the Village of Patchogue ("Patchogue" or the "Village") and forty eight of its present and former officials and employees (collectively, the "defendants") created a scheme under which they, under color of law, purported to...

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