MATTER OF SILETTI v. D'AMBROSE


55 A.D.2d 547 (1976)

In the Matter of Ronald Siletti, Appellant, v. Alphonse E. D'Ambrose, as Personnel Director and Chairman, Department of Personnel and Civil Service Commission of the City of New York, et al., Respondents

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

December 16, 1976


Birns and Capozzoli, JJ., dissent in the following memorandum by Capozzoli, J.:

Petitioner served as a patrolman for the transit authority from June, 1965. On November 2, 1970 he was retired for ordinary disability. Thereafter, in January, 1976, on his application to be restored to duty, he was examined by the medical board, found fit and, pursuant to section B3-41.0 of the Administrative Code of the City of New York, was certified and placed on the preferred eligible...

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