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MATTER OF DiMASE v. CITY MANAGER OF THE CITY OF YONKERS

30 N.Y.2d 838 (1972)

In the Matter of S. John DiMase, Respondent-Appellant, v. City Manager of the City of Yonkers et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided June 7, 1972.

Attorney(s) appearing for the Case

Eugene J. Fox, Corporation Counsel (Michael J. Trainor and Harold J. Smith of counsel), for appellants-respondents.

Morton N. Wekstein for respondent-appellant.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Judge BREITEL dissents and votes to modify and reinstate the determination of the City Manager in the following opinion in which Judge JASEN concurs.

Order affirmed, without costs.

BREITEL, J. (dissenting).

Yonkers' City Manager dismissed petitioner DiMase, the City Sealer of Weights and Measures, upon ample evidence that he attempted to bribe a Westchester County officer (see, e.g., Penal Law, § 200.30).

Mr. Delaney, the Westchester County Sealer of Weights and Measures, testified that in the course of his official duties he found packages...

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