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MARINO v. AMERUSO

No. 440, Docket 87-7532.

837 F.2d 45 (1988)

Damien MARINO, Plaintiff-Appellant, v. Anthony AMERUSO, Commissioner of the Department of Transportation of the City of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 8, 1988.

Attorney(s) appearing for the Case

Ronald Podolsky, New York City, for plaintiff-appellant.

Alan Krams, New York City (Peter L. Zimroth, Corp. Counsel, Fay Leoussis, Karen Hutson, New York City, of counsel), for defendant-appellee.

Before VAN GRAAFEILAND, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

Damien Marino appeals from Judge Griesa's dismissal of his suit brought under 42 U.S.C. § 1983 (1982) against the Commissioner of the Department of Transportation of the City of New York. Marino alleged that he was deprived of a property interest in his job as a New York City traffic enforcement agent without procedural due process when an Administrative Law Judge ("ALJ") failed to strike the testimony of a witness at an administrative...

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