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Dunham v. Town of Riverhead

Moving Officers Dismissed From Rights Action Due to Uncured Service Failures

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MEMORANDUM & ORDER   Plaintiffs Thomas Dunham, Andrew Dunham, Brendan Dunham and Corey Citarella (collectively, “Plaintiffs”) filed this action on June 3, 2019 pursuant to 42 U.S.C. §1983, alleging violations of their federal and New York State Constitutional rights, against Defendants the Town of Riverhead, retired Police Sergeant Brian Gleason (“Gleason”), Police Officer Giuseppe Rosini (“Rosini”), Robert Kraham and Christina Kraham (collectively, “Defendants”). See, Complaint (“Compl.”), Dkt. Entry No. 1. Gleason and Rosini (the “Moving Defendants”) jointly filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(5) for insufficient service of process. See, Mot. to Dismiss, Dkt. Entry No. 19. Plaintiffs opposed. See, Affirmation of Christopher Ross in Opp’n to Defs.’ Mot. (“Ross Affirmation”), Dkt. Entry No. 21. For the reasons set forth below, the motion to dismiss is granted and the case is dismissed as to the Moving Defendants, without prejudice. BACKGROUND The instant motion seeks dismissal for insufficient service of process. As such, the specific allegations in the Complaint are not of particular relevance. In sum, Plaintiffs were arrested following an altercation at an event at the East Wind Catering facility in Wading River, New York, allegedly on the basis of false and/or misleading information. See, Compl.

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