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BURNS v. CITY OF UTICA

No. 6:12-CV-1741 (FJS/DEP).

2 F.Supp.3d 283 (2014)

Julianne BURNS and Christopher Burns, Plaintiffs, v. CITY OF UTICA; Armond Festine, individually and as City of Utica Assistant Corporation Counsel; Linda Fatata, individually and as City of Utica Corporation Counsel; and Michael Knapp, individually and as a firefighter employed by the City of Utica Fire Department, Defendants.

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

February 20, 2014.

Attorney(s) appearing for the Case

Office of Frank Policelli, Frank Policelli, Esq. , of Counsel, Utica, NY, for Plaintiffs.

Office of Corporation Counsel—City of Utica, John P. Orilio, Esq. , Mark C. Curley, Esq. , Zachary C. Oren, Esq. , of Counsel, Utica, NY, for Defendants City of Utica, Festine, and Fatata.

Gleason, Dunn, Walsh & O'Shea, Ronald G. Dunn, Esq. , Peter N. Sinclair, Esq. , of Counsel, Albany, NY, for Defendant Knapp.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Senior District Judge.

I. INTRODUCTION

Currently before the Court are Defendant Michael Knapp's motion to dismiss for failure to state a claim and for lack of subject matter jurisdiction, see Dkt. No. 9-2, and Defendants City of Utica, Armond Festine and Linda Fatata's (collectively "Municipal Defendants") motion to dismiss for failure to state a claim, see Dkt. No. 12-5.

II. BACKGROUND...

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