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MTR OF GILIFORTE v. CITY OF BUFFALO

54 A.D.2d 170 (1976)

In the Matter of Angelo Giliforte, Appellant, v. City of Buffalo et al., Respondents

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

November 5, 1976

Attorney(s) appearing for the Case

Frank L. LoTempio, Jr., for appellant.

Leslie G. Foschio, Corporation Counsel (Harvey Mandelkern of counsel), for respondents.

MARSH, P. J., SIMONS, GOLDMAN and WITMER, JJ., concur.

MOULE, J.

The question presented on this appeal is whether the Commissioner of the Department of Inspections and Licenses acted arbitrarily and capriciously by laying off petitioner without first removing from employment certain employees in petitioner's division who were allegedly nonresidents of the City of Buffalo.

Petitioner was a duly appointed plumbing inspector in the City of Buffalo since April...

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