Caldarola et al v. The Town of Smithtown et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS SO ORDERED for the foregoing reasons, plaintiffs' objections are overruled and the Report is accepted in all parts except for its determination on the public nuisance cause of action against the Town def endants. The complaint is dimsised without prejudice with respect to plaintiffs' public nuisance claim against the Town defendants and with prejudice with respect to all other claims. Plaintiffs are ordered to show cause why the complaint agains t the Church defendants should not be dismissed for lack of jurisdiction by filing objections with this court no later than May 2, 2011 at 5:00 pm. If no objections are filed, the remaining claims will be dismissed without prejudice. Ordered by Judge Sandra J. Feuerstein on 4/4/2011. (Padilla, Kristin)

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