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SANTORA v. CIVIL SERV. COM'N, CITY OF NEW YORK

No. 76 Civ. 1695 (HFW).

443 F.Supp. 25 (1977)

Frank SANTORA and John S. Iannone, Plaintiffs, v. The CIVIL SERVICE COMMISSION, CITY OF NEW YORK, Alphonse E. D'Ambrose, Personnel Director and Chairman, Department of Personnel, Civil Service Commission, Anthony R. Ameruso, Commissioner of Highways, and Harrison J. Goldin, Comptroller, Defendants.

United States District Court, S. D. New York.

April 4, 1977.

Attorney(s) appearing for the Case

Marchi, Straniere & Meyers, P. C., New York City, for plaintiffs; Jeremiah B. McKenna, Staten Island, N. Y., of counsel.

W. Bernard Richland, Corp. Counsel, New York City, for defendants; Kenneth Wolfe, New York City, of counsel.

MEMORANDUM DECISION

WERKER, District Judge.

On April 12, 1976, plaintiffs filed this action to overturn the Department of Personnel's December, 1972 decision1 removing them from allegedly tenured positions as District Foremen (Highway Maintenance) and requiring them to resume their previous positions as Foremen of Asphalt Workers. Defendants now seek to dismiss the complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure...

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