GOODWIN v. LaPOLLA

No. 84-CV-253.

589 F.Supp. 1423 (1984)

Marion Sciortino GOODWIN; Thomas F. Artessa, Sr.; Nicholas A. Jamsiuk; Francis H. Lazausky; Frank R. LaBella; John J. Puleo; and James J. Schiavetta, all individually and in behalf of themselves and all other employees of the City of Utica similarly situated, Plaintiffs, v. Louis LaPOLLA individually, and as Mayor of the City of Utica; Frank Dulan individually, and as special assistant to the Mayor of the City of Utica; Alfred Barbato individually, and as assistant to the Mayor of the City of Utica; the City of Utica; Thomas Nelson as Comptroller of said City; and John Doe and Richard Roe, the names John Doe and Richard Roe being fictitious, the true name of each said Defendant being unknown to the Plaintiffs, the Defendants intended as being advisors, consultants and/or members of committees advising and consulting the Mayor of the City of Utica concerning the discharge of employees of the City of Utica, Defendants.

United States District Court, N.D. New York.

June 19, 1984.


Attorney(s) appearing for the Case

Onofrio J. Puleo, Utica, N.Y., for plaintiffs.

Armond J. Festine, Corporation Counsel, Utica, for defendants City of Utica.


MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

I

On November 8, 1983 former Democratic City Councilor Louis LaPolla was elected Mayor of the City of Utica. Mr. LaPolla ran on the Republican ticket and defeated three-term incumbent Mayor Stephen Pawlinga. In the relatively short amount of time between the November general election and Mr. LaPolla's assumption of office on January 3, 1984, Mr. LaPolla and his top aides attempted to formulate...

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