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RUBINO v. CITY OF MOUNT VERNON

No. 894, Docket 82-7899.

707 F.2d 53 (1983)

Evan A. RUBINO, Appellee, v. The CITY OF MOUNT VERNON, Thomas E. Sharpe, Individually, and in his official capacity as Mayor of the City of Mount Vernon and Joseph S. Ragno, Individually, and in his official capacity as Corporation Counsel of the City of Mount Vernon, Appellants.

United States Court of Appeals, Second Circuit.

Decided May 6, 1983.

Attorney(s) appearing for the Case

Joel H. Sachs, White Plains, N.Y. (Plunkett & Jaffee, P.C., White Plains, N.Y.), for appellants.

Maurice F. Curran, White Plains, N.Y. (Bleakley Schmidt, P.C., White Plains, N.Y.), for appellee.

Before LUMBARD, VAN GRAAFEILAND and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Appellants appeal from an order of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge), granting appellee Rubino's application for a preliminary injunction, pursuant to 42 U.S.C. § 1983 (1976), reinstating him to his former position as Assessor of the City of Mount Vernon.

I. Procedural History

A. Administrative Proceedings

Appellee was appointed Assessor...

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