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LEONARD v. SUGARMAN

No. 43, Docket 72-1238.

466 F.2d 1366 (1972)

Frank LEONARD, Plaintiff-Appellant, v. Jule SUGARMAN, Commissioner of the Department of Social Services of the City of New York, individually, and in his official capacity, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 15, 1972.

Attorney(s) appearing for the Case

Alexander A. Kolben, New York City, for plaintiff-appellant.

Beatrice Rothman, New York City (J. Lee Rankin, Corp. Counsel, Stanley Buchsbaum, New York City, on the brief), for defendant-appellee.

Before FRIENDLY, Chief Judge, and LUMBARD and FEINBERG, Circuit Judges.

PER CURIAM:

Plaintiff Frank Leonard, a social worker, was formerly employed by the New York City Department of Social Services. In January 1971, his immediate superior ordered him, pursuant to New York Civil Service Law, McKinney's Consol.Laws, c. 7, § 72, to report for a psychiatric examination to determine his fitness to continue in his position. Leonard refused and was suspended. A hearing followed, as provided for by Civil Service Law § 75, to establish...

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