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MATTER OF DE RUBBA v. ANNUNZIATA

28 A.D.2d 679 (1967)

In the Matter of Emanuel De Rubba, Petitioner, v. Albert M. Annunziata, as Commissioner of The Department of Public Works of the City of Mount Vernon, et al., Respondents

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

June 5, 1967

As so modified, determination confirmed, without costs, and matter remitted to said Commissioner of Public Works to make a new determination with respect to the measure of punishment in light of the aforesaid exoneration of petitioner as to charge "2".

In our opinion, the finding that petitioner is guilty of charge "2" is not supported by substantial...

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