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12-6160 - Mateo v. The County of Suffolk


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12-6160 - Mateo v. The County of Suffolk
October 23, 2014
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ORDER granting in part and denying in part 12 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 20 Motion for Summary Judgment. For the reasons stated in the attached Memorandum and Order, the County's motion to dismiss is granted as to Plaintiff's substantive due process claim and claim seeking a declaratory judgment and injunctive relief, and denied as to Plaintiff's procedural due process claim, and Plaintiff's motion for summary judgment is granted on the procedural due process claim arising out of the County's failure to satisfy its burden at the retention hearing, but is otherwise denied. Ordered by Judge Denis R. Hurley on 10/23/2014. (O'Connor, Madeline)
June 12, 2018
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ORDER granting in part and denying in part 54 Motion for Reconsideration : The Court grants defendant's motion for reconsideration limited solely to the impact of the Circuit's Ferrari decision on those issues addressed in the 2014 Order and upon reconsideration vacates the 2014 Order to the extent that (1) it granted summary judgment in favor of Mateo on his claim that his procedural due process rights were violated insofar as the County failed to produce evidence that retention of his vehicle, rather than a less restrictive means, was necessary to preserve the County's interest in the vehicle and (2) denied dismissal of that claim, but otherwise adheres to its earlier decision. Ordered by Judge Denis R. Hurley on 6/12/2018. (Gapinski, Michele)