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D'AMICO v. CITY OF NEW YORK

No. 638, Docket 97-7273.

132 F.3d 145 (1998)

Vito D'AMICO, Firefighter, Plaintiff-Appellant, v. The CITY OF NEW YORK; Joseph F. Bruno, Former Fire Commissioner; Carlos Rivera, Current Fire Commissioner, the City of New York; Thomas Dunphy, Lieut.; Matthew Murtagh, Deputy Asst. Chief; Patricia Bartels, Asst. Fire Commissioner, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 7, 1998.

Attorney(s) appearing for the Case

F.W. Meeker, Jr., Richard A. Glovin, of counsel, New York City, for Plaintiff-Appellant.

Paul A. Crotty, Corporation Counsel of the City of New York, Deborah R. Douglas, Kristen M. Helmers, of counsel, New York City, for Defendants-Appellees.

Before: KEARSE and CARDAMONE, Circuit Judges, and LEISURE, District Judge.

LEISURE, District Judge:

Vito D'Amico, plaintiff in the underlying action, appeals from a judgment of the United States District Court for the Southern District of New York (Griesa, C.J.), granting defendants' motion for summary judgment and dismissing D'Amico's Complaint alleging that the defendants violated the Rehabilitation Act of 1973 when they dismissed him from his position with the Fire Department of the City of New York ("FDNY"). For the reasons stated below...

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