Mosdos Chofetz Chaim, Inc. v. Village of Wesley Hills et al.

Filing 70

OPINION AND ORDER: For the reasons stated herein, the claims of Plaintiffs Mosdos and YCC are dismissed in their entirety. The claims by the Individual Plaintiffs against the Individual Defendants in their individual capacity also are dismissed, as a re the claims against Sanderson and Marshall in theirofficial capacity, though without prejudice. To the extent Plaintiffs are challenging the Village Defendants' zoning regulations and laws, those claims are dismissed. Plaintiffs' claims a gainst the Pomona Defendants under the New York State Constitution are dismissed without prejudice. The motions to dismiss are denied in all other respects. The Clerk of Court is respectfully directed to terminate the pending motions. (Dkt. Nos. 52 a nd 55.) Motions terminated: 55 CROSS MOTION to Dismiss the Amended Complaint. filed by Herbert I. Marshall, Nicholas L. Sanderson, The Village of Pomona, 52 MOTION to Dismiss Amended Complaint. filed by Jeffrey Oppenheim, Howard L. Cohen, Jay B. Rosenstein, Edward B. McPherson, Robert I. Rhodes, The Village of Montebello, Jerome Kobre, The Village of Chestnut Ridge, Kathryn Ellsworth, David A. Goldsmith, The Village of Wesley Hills, Robert H. Frankel. (Signed by Judge Kenneth M. Karas on 9/26/2011) (rj)