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MTR OF D'ANGELO v. SCOPPETTA

No. 166.

19 N.Y.3d 663 (2012)

978 N.E.2d 1241

954 N.Y.S.2d 772

2012 NY Slip Op 6989

In the Matter of MICHAEL D'ANGELO, Respondent, v. NICHOLAS SCOPPETTA, as Commissioner of the Fire Department of the City of New York, et al., Appellants.

Court of Appeals of New York.

Decided October 18, 2012.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Ellen Ravitch , Georgia Pestana and Pamela Seider Dolgow of counsel), for appellants.

Sullivan Papain Block McGrath & Cannavo, P.C., New York City ( Michael N. Block and Stephen C. Glasser of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we consider whether a written letter from the Assistant Commissioner of the Fire Department of the City of New York (the Department) to petitioner firefighter advising him that he violated the Department's Code of Conduct and Equal Employment Opportunity (EEO) Policy may be made part of petitioner's permanent EEO file without affording him an opportunity for a hearing...

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