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BASCIANO v. HERKIMER

No. 997, Docket 78-7035.

605 F.2d 605 (1978)

Gennaro BASCIANO, Individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. Harold HERKIMER, Individually and as Executive Director of the New York City Employees' Retirement System and Head of the Bureau of Retirement and Pensions, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 15, 1978.

Attorney(s) appearing for the Case

Harold Adler, Brooklyn, N.Y. (John C. Gray, Jr., and Brooklyn Legal Services Corp., Brooklyn, N.Y., on the brief), for plaintiff-appellant.

L. Kevin Sheridan, Asst. Corp. Counsel, New York City (Allen G. Schwartz, Corp. Counsel, New York City, on the brief), for defendants-appellees.

Before FRIENDLY and TIMBERS, Circuit Judges, and HOFFMAN, District Judge.

TIMBERS, Circuit Judge:

This is an appeal from a judgment entered in the Southern District of New York, Charles M. Metzner, District Judge, on a motion for summary judgment by the City of New York, dismissing the complaint of a former City employee who claimed that the City's procedure for determining his eligibility for accident disability retirement benefits deprived him of due process of law.

For the reasons below, we affirm.

I.

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