Damien Marino v. Anthony Ameruso, Commissioner of the Department of Transportation of the City of New York
Court of Appeals for the Second Circuit
1Opinion of the Court
WINTER, Circuit Judge:
Damien Marino appeals from Judge Grie-sa’s dismissal of his suit brought under 42 U.S.C. § 1983 (1982) against the Commissioner of the Department of Transportation of the City of New York. Marino alleged that he was deprived of a property interest in his job as a New York City traffic enforcement agent without procedural due process when an Administrative Law Judge (“AU”) failed to strike the testimony of a witness at an administrative hearing. Because adequate state procedures exist to correct any evidentiary error committed by the AU, we hold that Marino was not denied…
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