DePerno v. Town of Verona et al.
| Anthony DePerno |
| Town of Verona, Owen E. Waller, Gerald Zimmerman, Kenneth Regner, Richard Rados, Scott Musacchio, Town of Verona Zoning Board of Appeals, Raymond Ulrich, Walter Hojnacki, Jeffrey Kahler, Charles Wirtenson, Henry Gerwig, Chris Childs and Patricia E. Nestle |
| 6:2010cv00450 |
| April 15, 2010 |
| US District Court for the Northern District of New York |
| Utica Office |
| Oneida |
| George H. Lowe |
| Norman A. Mordue |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
16
MEMORANDUM-DECISION AND ORDER: It is ORDERED that defendants' # 7 motion to dismiss the procedural and substantive due process claims alleged in the complaint is GRANTED and said claims are DISMISSED without prejudice; defendants' motion to dismiss the First Amendment claim alleged in the complaint is DENIED. Further ORDERED that defendants Town Board, Town Zoning Board of Appeals, Kenneth Regner, Richard Rados, Scott Musacchio, Raymond Ulrich, Walter Hojnacki, Jeffrey Kahler, Charle s Wirtenson, Henry Gerwig, Owen Waller, Gerald Zimmerman, Chris Childs, and Patricia Nestle are DISMISSED from this action; the Clerk of the Court is to amend the caption to show that the only remaining defendant is the Town of Verona. It is further ORDERED that the motion to dismiss the state-law claim regarding improper enactment of Local Law No. 1 of 2009 is GRANTED; and the state-law claim regarding improper enactment of Local Law No. 1 of 2009 for failure to include a statement of purpose clause is DISMISSED without prejudice. Signed by Chief Judge Norman A. Mordue on 9/27/2011. (mae)
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