5:03-CV-202 (NAM/DEP). March 26, 2006 PHILLIP G. STECK, ESQ., BRIAN W. MATULA, ESQ., COOPER ERVING SAVAGE, LLP, Albany, New York, Attorneys for Plaintiff. SCOTT J. DELCONTE, ESQ., JOHN D. ALLEN, ESQ., BOND, SCHOENECK KING, PLLC, Oswego, New York, Attorneys for Defendants. MEMORANDUM — DECISION AND ORDER NORMAN MORDUE, District Judge Currently before the Court is defendants' motion to dismiss plaintiff's complaint in its entirety and with prejudice pursuant to Rule 12(b)(6) of the Federal Rules of