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PORIO v. DEPARTMENT OF REVENUE

No. 10-P-1073.

80 Mass. App. Ct. 57 (2011)

RICHARD A. PORIO v. DEPARTMENT OF REVENUE.

Appeals Court of Massachusetts, Suffolk.

August 9, 2011.

Attorney(s) appearing for the Case

Frank J. Teague for the plaintiff.

Howard R. Meshnick , Assistant Attorney General, for the defendant.

Present: WOLOHOJIAN, MILKEY, & HANLON, JJ.

MILKEY, J.

The plaintiff, Richard A. Porio, worked as a tax examiner for the Department of Revenue (DOR). In 2002, citing budgetary shortfalls, DOR eliminated Porio's position. Porio filed an appeal with the Civil Service Commission (commission) pursuant to G. L. c. 31, § 43. In that proceeding (civil service appeal), Porio argued that DOR violated G. L. c. 31, § 39, by laying him off while retaining certain...

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