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D'AMICO v. CITY OF NEW YORK

No. 92 Civ. 6485 (TPG).

955 F.Supp. 294 (1997)

Vito D'AMICO, Plaintiff, v. The CITY OF NEW YORK; Joseph F. Bruno, Former Fire Commissioner The City of New York; Carlos Rivera, Current Fire Deputy Asst. Chief Matthew Murtach; Asst. Fire Commissioner Patricia Bartels, Defendant.

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

March 31, 1997.

Attorney(s) appearing for the Case

Richard A. Glovin, New York City, for Plaintiff.

Judith C. McCarthy, Corporation Counsel of the City of New York, New York City, for Defendants.

AMENDED OPINION

GRIESA, Chief Judge.

This is an action by a former firefighter with the New York City Fire Department ("FDNY"). Plaintiff D'Amico's main claim is violation of his rights under the Rehabilitation Act, 29 U.S.C. §§ 701 et seq. D'Amico also claims that defendants violated his constitutional rights under color of state law, and thus are liable under 42 U.S.C. § 1983.

Defendants move for summary judgment. The...

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