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MATTER OF BERARDI v. CITY OF NEW YORK

16 A.D.2d 248 (1962)

In the Matter of Frank P. Berardi, Petitioner, v. City of New York et al., Respondents

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

April 17, 1962.

Attorney(s) appearing for the Case

Robert L. Ellis of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel), for respondent.

Harold D. Romanow for appellant.

VALENTE, McNALLY, STEVENS and STEUER, JJ., concur in Per Curiam opinion; RABIN, J. P., dissents in opinion.

Per Curiam.

Petitioner, who was acting as Assistant Chief Inspector of Housing in the Building Department (his civil service title was Senior Housing Inspector) brought this article 78 proceeding to review the determination of the Commissioner of Buildings suspending petitioner a total of 41 days without pay after a hearing upon charges of misconduct, incompetency and violation of the Rules and Regulations of the Department...

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