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SANTOLI v. CITY OF NEW YORK

No. 84 Civ. 6908 (RWS).

612 F.Supp. 938 (1985)

Patrick SANTOLI, Plaintiff, v. CITY OF NEW YORK, Edward I. Koch, as Mayor of the City of New York, the New York City Police Department, and Benjamin Ward, as Police Commissioner of the New York City Police Department, Defendants.

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

June 27, 1985.

Attorney(s) appearing for the Case

Richard Hartman, Little Neck, N.Y., for plaintiff; Raymond E. Kerno, Gerard T. Breen, Little Neck, N.Y., of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City, for defendants; Beth Schwartz, Elizabeth Dale Kendrick, New York City, of counsel.

OPINION

SWEET, District Judge.

The defendants City of New York, Edward I. Koch, as Mayor of the City of New York, the New York City Police Department, and Benjamin Ward, as Police Commissioner of the New York City Police Department (collectively the "City") have moved under Fed.R.Civ.P. 12(b)(1) and (6) for judgment dismissing the complaint of plaintiff Patrick Santoli ("Santoli") brought under 42 U.S.C. § 1983 seeking a declaration that the termination...

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