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POLICE COMMR. OF BOSTON v. CIVIL SERV. COMM.

No. 90-P-36.

29 Mass. App. Ct. 470 (1990)

561 N.E.2d 869

POLICE COMMISSIONER OF BOSTON vs. CIVIL SERVICE COMMISSION & another.

Appeals Court of Massachusetts, Suffolk.

October 30, 1990.

Attorney(s) appearing for the Case

Kevin S. McDermott, Special Assistant Corporation Counsel (Zara Kilmurray with him) for the plaintiff.

Lisa A. Levy, Assistant Attorney General, for the Civil Service Commission.

Michael D. Powers (Shirley M. Foley with him) for Medaline Figueroa.

Present: WARNER, C.J., FINE, & GILLERMAN, JJ.

FINE, J.

The police commissioner, the appointing authority for the Boston police department (department), appeals the affirmance by a Superior Court judge of a decision of the Civil Service Commission (commission) favorable to Medaline Figueroa, a Boston police officer. The appeal turns on the issue whether the commission had jurisdiction to decide Figueroa's appeal of the termination of her employment.

The pertinent facts are not in dispute. Figueroa was...

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