235 F.3d 126 (2nd Cir. 2000), 00-7693, Citizens Accord v Town of Rochester

Docket Nº:Docket No. 00-7693
Citation:235 F.3d 126
Party Name:CITIZENS ACCORD, INC., Plaintiff-Counterclaim-Defendant-Appellant, v. THE TOWN OF ROCHESTER, New York; TOWN BOARD of the Town of Rochester; PLANNING BOARD of the Town of Rochester; ROBERT BAKER individually and in his capacity as Supervisor; DOUGLAS DYMOND individually and in his capacity as Code Enforcement Officer; WILLIAM CARROLL individually an
Case Date:December 18, 2000
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 126

235 F.3d 126 (2nd Cir. 2000)

CITIZENS ACCORD, INC., Plaintiff-Counterclaim-Defendant-Appellant,

v.

THE TOWN OF ROCHESTER, New York; TOWN BOARD of the Town of Rochester; PLANNING BOARD of the Town of Rochester; ROBERT BAKER individually and in his capacity as Supervisor; DOUGLAS DYMOND individually and in his capacity as Code Enforcement Officer; WILLIAM CARROLL individually and in his capacity as Town Board Member; HAROLD LIPTON individually and in his capacity as Town Board Member; RONALD SANTOSKY individually and in his capacity

Page 127

as Town Board Member; CARL EDWARDS individually and in his capacity as Town Board Member; RICHARD GRAY individually and in his capacity as Town Board Member; LEON SMITH individually and in his capacity as Town Board Member; JAMIE BEARDSLEY individually and in his capacity as Planning Board Member; SHANE RICKS individually and in his capacity as Planning Board Member; WILLIAM DEGRAW individually and in his capacity as Planning Board Member; SUSANNE SAHLER individually and in her capacity as Planning Board Member; BRIAN DRABKIN individually and in his capacity as Planning Board Member; RICHARD BOLTER individually and in his capacity as Planning Board Member; MELVYN TAPPER individually and in his capacity as Planning Board Member, Defendants-Appellees,

TWIN TRACK PROMOTIONS, INC., Defendant-Counterclaimant-Appellee.

Docket No. 00-7693

United States Court of Appeals, Second Circuit

December 18, 2000

Argued: December 7, 2000

Appeal from an order of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, dismissing complaint alleging violations of due process and equal protection.

Dismissed for lack of appellate jurisdiction.

Page 128

GARY T. KELDER, Manlius, New York (Kelder, Kane & Associates, Manlius, New York, on the brief), for Plaintiff-Counterclaim-Defendant-Appellant.

TERRY RICE, Suffern, New York (Rice & Amon, Suffern, New York, on the brief), for Defendants-Appellees.

KENNETH J. MCGUIRE JR., Troy, New York, for Defendant-Counterclaimant- Appellee.

Before: OAKES, KEARSE, and WINTER, Circuit Judges.

Per Curiam:

Plaintiff Citizens Accord, Inc. ("CAI"), has filed a notice of appeal seeking review of an order of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, dismissing its complaint alleging that defendants Twin Track Promotions, Inc. ("Twin Track"), and various municipal entities violated CAI's rights under the Due Process and Equal Protection Clauses of...

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