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FIORILE v. GOLDMAN

24 Misc.2d 944 (1960)

Gildo J. Fiorile, Plaintiff, v. Milton E. Goldman, as Commissioner of Public Safety of the City of Yonkers, et al., Defendants.

County Court, Westchester County.

July 26, 1960.

Attorney(s) appearing for the Case

Alexander K. Perlman for plaintiff. J. Raymond Hannon, Corporation Counsel, for defendant.

JAMES D. HOPKINS, J.

The plaintiff moves for judgment on the pleadings, and the facts are virtually conceded. The plaintiff is a member of the police force of the City of Yonkers, having been appointed on October 1, 1955. At the time of his appointment he was a member of the 101st Signal Battalion of the National Guard, and has continued to be a member of the National Guard. During the period of his service...

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