Smith v. Town of Lewiston

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK THOMAS M. SMITH, Plaintiff, v. 17-CV-959-LJV-LGF DECISION & ORDER TOWN OF LEWISTON, et al., Defendants. On September 26, 2017, the plaintiff, Thomas Smith, commenced this action against the Town of Lewiston, Frank Previte, and John Penzotti under

42 U.S.C. § 1983

and New York State law. Docket Item 1. On January 7, 2018, this Court referred the case to United States Magistrate Judge Leslie G. Foschio for all proceedings under 28 U.S.C. § 636(b)(1)(A) and (B). Docket Item 9. On October 3, 2019, Smith moved for summary judgment, Docket…