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T-MOBILE NORTHEAST v. INC. VILLAGE OF EAST HILLS

No. 09 CV 5670(SJF)(ETB).

779 F.Supp.2d 256 (2011)

T-MOBILE NORTHEAST LLC, Plaintiff, v. The INCORPORATED VILLAGE OF EAST HILLS and the Zoning Board of Appeals of the Incorporated Village of East Hills, Defendants.

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

March 22, 2011.

Attorney(s) appearing for the Case

Lawrence C. Re , John Coughlin , Re, Nielson, Huber & Coughlin, LLP, Huntington, NY, for Plaintiff.

Michael L. Cirrito , White, Cirrito & Nally, LLP, Hempstead, NY, for Defendants.

ORDER

FEUERSTEIN, District Judge.

On December 29, 2009, plaintiff T-Mobile Northeast, LLC ("plaintiff) filed a complaint against the Village of East Hills (the "Village") and the Village Zoning Board of Appeals, (collectively the "defendants") pursuant to the Telecommunications Act of 1996, specifically 47 U.S.C. § 332(c)(7)(B), and Article 78 of the New York Civil Procedure Law and Rules. Pursuant to a referral, Magistrate Judge E. Thomas Boyle issued...

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