[24, 25]   Plaintiffs' penultimate claim is an alleged conspiracy
under 42  U.S.C. Sec.  1985.   A claim  under that  section  must
allege that  1) the plaintiff was a member of protected class; 2)
the  defendants   conspired   to   deprive   plaintiff   of   his
constitutional (or  federal law)  rights; 3) the defendants acted
with a class-based, invidiously and discriminatory animus; and 4)
plaintiff sustained  damages  as  a  result  of  the  defendant's
actions.   Gleason v. McBride, 869 F.2d 688, 694-5 (2d Cir. 1989)
(Citations  omitted).    While  the  plaintiffs  have  alleged  a
conspiracy  to   deprive  them   of  their   rights   under   the
constitution, they  have not  identified the "protected class" to
which they  allegedly belong;  nor have  they  alleged  that  the
defendants  acted  with  a  race  or  class-based  discriminatory
animus.1

              [Carino v. Town of Deerfield (Oneida County, N.Y.)]
                  [(N.D. New York) 750 F.Supp. 1156, 1170 (1990)]

____________________

1.   This court  finds  no  legal  support,  nor  did  plaintiffs
     provide any,  for the  proposition that residential property
     owners,  as  opposed  to  commercial  property  owners,  are
     members of  a protected  class within  the meaning  of  Sec.
     1985.


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Carino v. Town of Deerfield