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TOWN OF BABYLON v. FEDERAL HOUSING FINANCE AGENCY

No. CV 10-4916.

790 F.Supp.2d 47 (2011)

The TOWN OF BABYLON, Plaintiff, v. FEDERAL HOUSING FINANCE AGENCY, Edward Demarco, in his capacity as Acting Director of the Federal Housing Finance Agency, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Office of the Comptroller of the Currency, A Component of the United States Department of the Treasury, and John G. Walsh, Acting Comptroller of the Currency, Defendants.

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

June 13, 2011.

Attorney(s) appearing for the Case

Goldberg & Connolly, by Erik Ortman, Esq. , William James Tinsley, Jr., Esq. , Rockville Centre, NY, for Plaintiff.

Arnold & Porter, by Howard N. Cayne, Esq. , Asim Varma, Esq. , New York, NY, for Defendants Federal Housing Finance Agency and Federal National Mortgage Association.

Loretta E. Lynch , United States Attorney, Eastern District of New York, by Thomas A. McFarland, Esq. , Central Islip, NY, for Defendants Office of the Comptroller of the United States Department of the Treasury, and John G. Walsh.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is an action commenced by the Town of Babylon, New York ("Babylon" or the "Town") alleging that Defendants' actions with respect to the effect of a certain home improvement financing program on mortgage liens violate Federal and New York State Law. In particular, Defendants are alleged to have: (1) promulgated rules in violation of the Administrative Procedure Act, 5 U.S.C. §§ 701-706 (the...

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