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WESTCHESTER DAY SCHOOL v. VILLAGE OF MAMARONECK

No. 02 Civ. 6291.

379 F.Supp.2d 550 (2005)

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 Member of the Board of Appeals of the Village of Mamaroneck, Defendants.

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

July 27, 2005.

Attorney(s) appearing for the Case

Morrison & Foerster, L.L.P., Jack C. Auspitz, Joel C. Haims, Kyle W.K. Mooney, of counsel, New York City, Bernstein, Liebhard & Lifshitz, L.L.P., Stanley D. Bernstein, of counsel, New York City, for Plaintiff.

Thacher Proffitt & Wood LLP, Kevin J. Plunkett, Darius P. Chafizadeh, of counsel, White Plains, New York, and Law Office of Joseph C. Messina, Joseph C. Messina, Lisa M. Fantino, of counsel, Mamaroneck, New York, for Defendants.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Westchester Day School ("WDS") commenced this action against defendants the Village of Mamaroneck (the "Village"), the Zoning Board of Appeals of the Village of Mamaroneck (the "ZBA"), James Gaita, George Mgrditchian, Barry Weprin and Clark Neuringer, in their official capacities as members of the ZBA, and Antonio Vozza, in his official capacity as a former member of the ZBA, (collectively...

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