IORIO v. BORO. OF CARNEGIE ET AL.

No. 1385 C.D. 1983.

87 Pa.Commw. 235 (1985)

Officer John D. Iorio, Appellant v. Borough of Carnegie, Mayor Lawrence Harkovich; Council President John DeFonso et al., Appellees.

Commonwealth Court of Pennsylvania.

January 28, 1985.


Attorney(s) appearing for the Case

Shelley W. Elovitz, with her, Ronald N. Watzman, Watzman & Elovitz, for appellant.

John F. Cambest, Conway, Meyer & Cambest, for appellees.

Argued November 16, 1984, before Judges MacPHAIL, DOYLE and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE DOYLE, January 28, 1985:

This is an appeal by John D. Iorio (Appellant) from an order of the Court of Common Pleas of Allegheny County sustaining the Borough of Carnegie (Borough's) preliminary objection that Appellant had failed to exhaust his administrative remedy and dismissing Appellant's complaint.

Appellant began his employment as a patrolman with the Borough on December 13, 1977. On May 11, 1982, Appellant was granted a six month leave...

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