District Court, N.D. New York July 7, 1995, 3:94-cv-01631 (Benjamin v. Town of Fenton)

DECISION AND ORDER

SCULLIN, District Judge.

INTRODUCTION

Presently before the Court are plaintiffs and defendants’ cross-motions for summary judgment arising out of an Article 78 petition filed in the New York State Supreme Court, Broome County. The Article 78 petition al

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leged various state procedural violations and also purported to allege federal and state Constitutional violations.