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MATTER OF BERARDI v. CITY OF NEW YORK

12 N.Y.2d 1061 (1963)

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

Court of Appeals of the State of New York.

Decided March 28, 1963.

Attorney(s) appearing for the Case

Harold D. Romanow and Benjamin E. Lander for appellant.

Leo A. Larkin, Corporation Counsel (John A. Murray and Seymour B. Quel of counsel), for respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judge SCILEPPI dissents in the following opinion in which Judge VAN VOORHIS concurs.

Order affirmed, without costs.

SCILEPPI, J. (dissenting).

Petitioner, a veteran, was charged with misconduct, incompetency and violation of the Rules and Regulations of the Department of Buildings for failing promptly to report to his borough superintendent the removal of certain department records. No corrupt activity on petitioner's part was alleged. After a hearing, petitioner was found guilty of misconduct and suspended from his position as...

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