Osborne v. Fernandez
Cases that cite this one
13 later published cases cite this decision.
- Leonard v. Planning Board (District Court, S.D. New York 2016)
- Browne v. Anderson (District Court, S.D. New York 2025)
- BMG Monroe I, LLC v. Village of Monroe (District Court, S.D. New York 2022)
- Highview Properties D.H.F. Inc. v. Town of Monroe (District Court, S.D. New York 2022)
- Isnady v. Village of Walden (District Court, S.D. New York 2022)
- Rabbi Israel Meyer Hacohen Rabbinical Seminary of America v. Town of Putnam Valley (District Court, S.D. New York 2022)
- Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona, NY (District Court, S.D. New York 2021)
- Hart v. Town of Guilderland (District Court, N.D. New York 2020)
- Hart v. Town of Guilderland (District Court, N.D. New York 2020)
- Bar-Mashiah v. The Incorporated Village of Hewlett Bay Park (District Court, E.D. New York 2019)
- LTTR Home Care, LLC v. The City of Mount Vernon Industrial Development Agency (District Court, S.D. New York 2019)
- Ferncliff Cemetery Association v. Town of Greenburgh, New York (District Court, S.D. New York 2019)
- Lewis v. Carrano (District Court, E.D. New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
SUMMARY ORDER
Plaintiffs-Appellants George R. Osborne, pro se, and Patrisha S. Osborne, pro se (jointly, “plaintiffs”), appeal from the judgment of the District Court granting defendants-appellees’ motions for summary judgment and dismissing their 42 U.S.C. § 1983 complaint, which alleged various constitutional violations in connection with a long-running zoning dispute between plaintiffs and the Town of Stanford Planning Board. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We review an order granting summary judgment de novo and ask whether the district court properly concluded that there were no genuine issues of material fact and that the moving party was entitled to judgment as a matter of law. Reli-aStar Life Ins. Co. v. Home Depot U.S.A., Inc., 570 F.3d 513, 517 (2d Cir. 2009). In determining whether there are genuine issues of material fact, we are “required to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom summary judgment is sought,” Terry v. Ashcroft, 336 F.3d 128, 137 (2d Cir. 2003) (quotation marks omitted), but “conclusory statements or mere allegations [are] not sufficient to defeat a summary judgment motion.” Davis v. New York, 316 F.3d 93, 100 (2d Cir. 2002).
Following a review of the record, we conclude that the District Court properly granted the appellees’ motions for summary judgment, and we thus affirm the District Court’s judgment for substantially the reasons set forth in its thorough opinion, Osborne v. Fernandez, No. 06-CV-4127, 2009 WL 884697, 2009 U.S. Dist. LEXIS 27409 (S.D.N.Y. Mar. 31, 2009). In particular, the District Court was correct to hold that the Osbornes’ due-process claims are not ripe for review because the Osbornes have not yet received a final decision on their subdivision application. See Williamson Cnty. Reg’l Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172, 186-87, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985).
We have considered all of the arguments raised in the Osbornes’ brief and reply brief and find them to be without merit. For the foregoing reasons, the judgment *352 of the District Court is hereby AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.