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PEARCE v. LABELLA

No. 6:10-CV-1569.

971 F.Supp.2d 255 (2013)

Gina M. PEARCE, as Guardian of distributees of Kristin Mary Palumbo Longo (deceased) and Administratrix of the Estate of Kristin Mary Palumbo Longo (deceased); Steven L. Pearce, as Guardian of distributees of Kristin Mary Palumbo Longo (deceased); and Joseph Longo, as a distributee of Kristin Mary Palumbo Longo (deceased), Plaintiffs, v. Daniel LABELLA, Ind. and as a member of the City of Utica Police Department, and as Commissioner of Public Safety; the City of Utica; and the City of Utica Police Department, Defendants.

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

September 20, 2013.

Attorney(s) appearing for the Case

Office of John W. Dillon, John W. Dillon, Esq. , of counsel, New Hartford, NY, for Plaintiffs.

Office of Corporation Counsel City of Utica, John P. Orilio, Esq. , Armond J. Festine, Esq. , Mark C. Curley, Esq. , Zachary C. Oren, Esq. , of counsel, Utica, NY, for Defendants.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

This case arises from the September 28, 2009, murder of Kristin Mary Palumbo Longo ("Kristin") by her estranged husband, Joseph A. Longo, Jr. ("Longo"), an officer with the Utica Police Department ("UPD"). Plaintiffs Gina and Steven Pearce — as guardians of Kristin's distributees

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