MOSDOS CHOFETZ CHAIM v. VILLAGE OF WESLEY HILLS

Case No. 08-CV-156 (KMK).

815 F.Supp.2d 679 (2011)

MOSDOS CHOFETZ CHAIM, INC., Yeshiva Chofetz Chaim, Inc., Rabbi James Bernstein, Moshe Ambers, Rabbi Naftoli Sofer, Naftoli Tesher, Beatrice Zaks, and Sima Zaks, Plaintiffs, v. The VILLAGE OF WESLEY HILLS, the Mayor and Board of Trustees of the Village of Wesley Hills, Mayor David Goldsmith, in his individual and official capacity, Robert H. Frankel, in his individual and former official capacity, Edward B. McPherson, in his individual and official capacity, David A. Goldsmith, in his individual and official capacity, Robert I. Rhodes, in his individual and former official capacity, Jay B. Rosenstein, in his individual and former official capacity, the Village of Pomona, The Mayor and Board of Trustees of The Village of Pomona, Former Mayor Herbert I. Marshall (of the Village of Pomona), in his individual and former official capacity, Mayor of Pomona Nicholas L. Sanderson, in his individual and official capacity; the Village of Chestnut Ridge, the Mayor and Board of Trustees of the Village of Chestnut Ridge, Mayor of the Village of Chestnut Ridge Jerome Kobre, in his individual and official capacity, Howard L. Cohen, Trustee, in his individual and official capacity, the Village of Montebello, the Mayor and Board of Trustees of the Village of Montebello, Kathryn Ellsworth a/k/a Kathryn Gorman, former mayor of Montebello, in her individual and former official capacity, Jeffrey Oppenheim, Mayor of Montebello, in his individual and official capacity, and John Doe 1-37, Defendants.

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

September 26, 2011.


Attorney(s) appearing for the Case

Joseph J. Haspel, Esq. , Joseph J. Haspel, PLLC, Goshen, NY, for Plaintiffs.

Gregory R. Saracino, Esq. , Milber Makris Plousadis & Seiden, LLP, White Plains, NY, for Defendants Village of Pomona, Mayor and Board of Trustees of the Village of Pomona, Herbert I. Marshall, and Nicholas L. Sanderson.

Michael D. Zarin, Esq. , Daniel Richmond, Esq. , Zarin & Steinmetz, White Plains, NY, for Remaining Defendants.


OPINION AND ORDER

KENNETH M. KARAS, District Judge.

Plaintiffs Mosdos Chofetz Chaim, Inc. ("Mosdos"), Yeshiva Chofetz Chaim, Inc. ("YCC"), Rabbi James Bernstein ("Bernstein"), Moshe Ambers ("Ambers"), Rabbi Naftoli Sofer ("Sofer"), Naftoli Tesher ("Tesher"), Beatrice Zaks, and Sima Zaks (collectively, "Plaintiffs") bring this action against Defendants the Village of Wesley Hills ("Wesley Hills"), the Mayor and the Board of Trustees of Wesley Hills...

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