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MTR. OF CAPUTO (CITY OF SCHENECTADY)

3 A.D.2d 484 (1957)

In the Matter of Anthony Caputo, Appellant. City of Schenectady, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 8, 1957.

Attorney(s) appearing for the Case

Amedeo H. Volpe for appellant.

Charles Ward Brown, Corporation Counsel, for respondent.

FOSTER, P. J., BERGAN, COON, HALPERN and GIBSON, JJ., concur.

Per Curiam.

Appellant has been dismissed from the position of patrolman in the Schenectady police department by the Schenectady city manager after a hearing. The determination is reviewed here by appeal in pursuance of section 138 of the Second Class Cities Law.

The charge is that appellant while on duty as a policeman "escorted a 16 year old girl in a surreptitious manner from a public street into a abandoned building, into which he forced

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