Proviso Ass'n of Retarded Citizens v. Village of Westchester

MEMORANDUM OPINION AND ORDER

ANDERSEN, District Judge.

On December 29, 1995, Magistrate Judge Martin Ashman filed and served upon the parties his Report and Recommendation concerning plaintiffs’ motion for summary judgment on Counts I and II of the amended complaint, defendants’ motion to dismiss Count II, and defendants’ motion for summary judgment on Count I. The Magistrate Judge recommended that: 1) defendants’ motion to dismiss Count II be denied; 2) plaintiffs’ motion for summary judgment as to liability on Count II be granted; 3) defendants’ motion for summary judgment on Count I be…