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DALEY v. KOCH

No. 111, Docket 89-7272.

892 F.2d 212 (1989)

Timothy J. DALEY, Plaintiff-Appellant, v. Edward I. KOCH, Mayor of the City of New York, Benjamin Ward, Police Commissioner, City of New York, Judith Levitt, Personnel Director, City of New York, New York City Civil Service Commission, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 20, 1989.

Attorney(s) appearing for the Case

John P. Rudden, New York City, for plaintiff-appellant.

Phyllis Arnold, Asst. Corp. Counsel (Peter L. Zimroth, Corp. Counsel, David L. Lock, and Elizabeth Dvorkin, Asst. Corp. Counsels, New York City, of counsel), for defendants-appellees.

Before MINER and MAHONEY, Circuit Judges, and CARMAN, Judge.

CARMAN, Judge:

Appellant, an unsuccessful candidate for appointment to the New York City Police Department (hereinafter Police Department) appeals from so much of a summary judgment of the United States District Court for the Southern District of New York (Knapp, J.) as dismissed his claim under the Rehabilitation Act of 1973, 29 U.S.C. § 701-796i as well as pendent state claims.

BACKGROUND

Appellant passed the December 1984 New York City Civil...

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