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Fiore v. Town of Whitestown

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 25, 2010

MICHAEL FIORE & SUSAN FIORE, PLAINTIFFS,
v.
TOWN OF WHITESTOWN, NEW YORK; TOWN OF WHITESTOWN POLICE DEPARTMENT; BRIAN BROOKS, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; DANIEL SULLIVAN, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; NORMAN ULINSKI, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; & DONALD WOLANIN, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Pursuant to the oral decision of the court, entered into the record after hearing oral argument on June 25, 2010, in Utica, New York, it is hereby

ORDERED that

(1) Defendants' motion for summary judgment of plaintiffs' federal claims under Causes of Action One, Two, and Eleven is GRANTED and these claims are DISMISSED with prejudice;

(2) Defendants' motion for summary judgment of plaintiffs' state law claims under Causes of Action Three, Four, Five, Six, Seven, Eight, Nine, Ten, and Twelve is GRANTED and these claims are DISMISSED without prejudice to allow plaintiffs to re-plead such claims in the appropriate state court; and

(3) The Clerk of the Court is directed to enter a judgment accordingly.

IT IS SO ORDERED.

20100625

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