Douglas v. NYS Adirondack Park Agency

U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Civil Rights

New York Law Journal

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Judge Glenn Suddaby

Douglas Corp. of Silver Lake and its principal sued Adirondack Park Agency and employees (APA defendants), Hawkeye Conservationists and others on civil rights grounds. It also asserted state law-based malicious prosecution and abuse of process claims against the APA defendants arising from Administrative Enforcement Proceeding E2007-47 (E2007-47). District court's order dismissed the malicious prosecution and abuse of process claims under CPLR §215(3)'s one-year limit period, but did not dismiss plaintiffs' substantive due process, and tortious interference with contract, claims against Hawkeye. The court denied Hawkeye reconsideration under FRCP Rule 59(e) and Local Rule 7.1(g) but only partly granted plaintiffs' reconsideration motion. Although it vacated dismissal of plaintiffs' malicious prosecution claims against the APA defendants, it did not dismiss plaintiffs' abuse of process claim against them. The court agreed with the APA defendants that the opening of E2007-47—akin to issuance of a civil summons and complaint, necessary to obtain jurisdiction and begin a lawsuit—was not the use of "regularly issued legal process to compel performance or forbearance of some act" for purposes of an abuse of process claim.

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