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McMENEMY v. CITY OF ROCHESTER

No. 94-CV-6289.

63 F.Supp.2d 309 (1999)

John P. McMENEMY, Plaintiff, v. CITY OF ROCHESTER, City of Rochester Fire Department, Charles D. Ippolito, Individually and as Former Fire Chief of the City of Rochester Fire Department, David Griffith, Individually and as Fire Chief of the City of Rochester, Thomas P. Ryan, Jr., Individually and as Former Mayor of the City of Rochester, Louis N. Kash, Individually and as Former Corporation Counsel of the City of Rochester, William A. Johnson, Jr., Individually and as Mayor of the City of Rochester, Municipal Civil Service Commission, and Nancy E. Abrams, Defendants.

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

September 14, 1999.

Attorney(s) appearing for the Case

Glenn E. Pezzulo, Bradley C. Rosen, Culley, Marks, Tanenbaum, Capell and Pezzulo, Rochester, NY, for plaintiff.

Linda S. Kingsley, Corporation Counsel, Mary Elizabeth Magee, Alice Lyons Messina, Rochester, NY, for the City defendants.

Daniel J. Moore, Harris, Beach & Wilcox, Rochester, NY, for defendants.

Decision and Order

SIRAGUSA, District Judge.

Preliminary Statement

The plaintiff filed his initial complaint on June 14, 1994, an amended complaint on February 17, 1995, and a "Supplemented Amended Complaint" ("Supplemental Complaint") (document # 7) on September 11, 1998. It is that later complaint that is before the Court on his motion for partial summary judgment and the defendants' motions for judgment on the pleadings, or in the alternative...

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