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DI FRANCO v. CITY OF N.Y.

88 Misc.2d 852 (1976)

In the Matter of Roberto Di Franco, Petitioner, v. City of New York et al., Respondents.

Supreme Court, Special Term, New York County.

September 27, 1976

Attorney(s) appearing for the Case

Harold Siegel for petitioner. W. Bernard Richland, Corporation Counsel, for City of New York and another, respondents.

ARNOLD GUY FRAIMAN, J.

By this CPLR article 78 proceeding petitioner seeks reinstatement to the police department from which he was dismissed in 1971. Respondent City of New York cross-moves to dismiss the petition on the ground that it is barred by res judicata and by the Statute of Limitations. Petitioner was appointed to the police department as a patrolman on January 2, 1970. At the time of his appointment...

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