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Rotundo v. Village of Yorkville

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 4, 2009

BENEDICT ROTUNDO, JR., PLAINTIFF,
v.
VILLAGE OF YORKVILLE, NEW YORK; AND BRUNO A. PETRUCCIONE, IN HIS INDIVIDUAL CAPACITY AS MAYOR OF THE VILLAGE OF YORKVILLE, NEW YORK, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Plaintiff has moved by Order to Show Cause seeking a preliminary injunction for reinstatement as a police officer for the defendant Village of Yorkville. Defendants oppose.

Oral argument was heard on December 4, 2009, in Utica, New York. A decision from the bench was made denying reinstatement at this time because plaintiff failed to demonstrate the absolute requirement that he will suffer irreparable harm if a preliminary injunction is not granted.

Therefore, it is ORDERED, that the Order to Show Cause for a preliminary injunction is DENIED.

IT IS SO ORDERED.

20091204

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