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METROPCS NEW YORK, LLC v. VILLAGE OF EAST HILLS

No. 09-CV-4636 (SJF)(AKT).

764 F.Supp.2d 441 (2011)

METROPCS NEW YORK, LLC, Plaintiff, v. VILLAGE OF EAST HILLS, Village of East Hills Zoning Board of Appeals, and Village of East Hills Village Clerk, Defendants.

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

January 20, 2011.

Attorney(s) appearing for the Case

Alfred L. Amato, Richard Stephen Keenan, Amato Law Group PLLC, Garden City, NY, for Plaintiff.

James P. Nally, White Cirrito & Nally, Esq., Hempstead, NY, for Defendants.

ORDER

FEUERSTEIN, District Judge.

I. Introduction

On October 28, 2008 plaintiff MetroPCS New York, LLC ("plaintiff or "Metro") filed a complaint against the Village of East Hills (the "Village"), the Village Zoning Board of Appeals, and the Village Clerk (collectively the "defendants") pursuant to the Telecommunications Act of 1996 (the "TCA"), specifically 47 U.S.C. § 332(c)(7)(B), and Article 78 of the New York Civil Procedure Law and Rules...

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