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MATTER OF FITZGERALD v. LIBOUS

56 A.D.2d 981 (1977)

In the Matter of William J. Fitzgerald, Respondent, v. Alfred J. Libous, as Mayor and Commissioner of Public Safety of the City of Binghamton, et al., Appellants

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

March 31, 1977

On December 19, 1975 appellant Thomas J. Joseph, Chief of the Fire Bureau of the City of Binghamton, charged petitioner, a city fireman, with incompetence due to alcoholism for the stated purpose of causing his removal from the civil service of the city. Petitioner demanded a bill of particulars and instead, received a complete copy of his personnel file. At the hearing, petitioner's motion to dismiss due to the alleged failure to provide a bill of particulars and upon the...

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