Venneri v. Moon Township Board of Supervisors

Commonwealth Court of Pennsylvania

Venneri v. Moon Township Board of Supervisors

417 A.2d 1326, 53 Pa. Commw. 456, 1980 Pa. Commw. LEXIS 1686

CourtCommonwealth Court of Pennsylvania

DecidedAugust 13, 1980

DocketAppeal, No. 1367 C.D. 1979

StatusPublished

Cited by5 cases

This text of 417 A.2d 1326 (Venneri v. Moon Township Board of Supervisors) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Venneri v. Moon Township Board of Supervisors, 417 A.2d 1326, 53 Pa. Commw. 456, 1980 Pa. Commw. LEXIS 1686 (Pa. Ct. App. 1980).

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Opinion

Opinion by

Judge Menceb,

On June 2, 1975, Anthony D. Venneri (Venneri) was hired by Moon Township as a police officer. During 1976, he missed 36 days due to illness. During 1977, he missed 163 days due to illness.

In a letter dated November 18, 1977,¹ the Moon Township manager informed Venneri that he would be removed as a police officer of the Township, effective December 1,1977, because of his physical disability. Venneri requested a hearing, after which the Board of Supervisors sustained his dismissal.

An appeal was taken from the dismissal to the Court of Common Pleas of Allegheny County, which court held a de novo hearing, at which, in addition to the introduction into evidence of documentary items, Venneri testified and medical evidence was presented by each party to the litigation. Following this hearing, the Court of Common Pleas of Allegheny County determined that Venneri was permanently disabled physically, affecting his ability to continue in service as a police officer, and entered an order affirming the dismissal action of Moon Township. This appeal followed.

We have reviewed the record in this case and will affirm the order of the Court of Common Pleas of Allegheny County, dated June 13,1979, dismissing the appeal of Anthony D. Venneri and affirming his dismissal by Moon Township from service as a police officer. We do so on the able opinion of the Honorable Richard Gr. Zeleznik filed at No. SA 43 of 1978, Civil Division, in the Court of Common Pleas of Allegheny County.

Order affirmed.

[458]*458Order

Now, this 13th day of August, 1980, the order of the Court of Common Pleas of Allegheny County, dated June 13, 1979, affirming the decision of the Moon Township Board of Supervisors, which removed Anthony D. Venneri from service as a police officer because of physical disability affecting his ability to continue in service, and dismissing the appeal of Anthony D. Venneri therefrom, is hereby affirmed.

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Opinion by

Judge Menceb,

On June 2, 1975, Anthony D. Venneri (Venneri) was hired by Moon Township as a police officer. During 1976, he missed 36 days due to illness. During 1977, he missed 163 days due to illness.

In a letter dated November 18, 1977,¹ the Moon Township manager informed Venneri that he would be removed as a police officer of the Township, effective December 1,1977, because of his physical disability. Venneri requested a hearing, after which the Board of Supervisors sustained his dismissal.

An appeal was taken from the dismissal to the Court of Common Pleas of Allegheny County, which court held a de novo hearing, at which, in addition to the introduction into evidence of documentary items, Venneri testified and medical evidence was presented by each party to the litigation. Following this hearing, the Court of Common Pleas of Allegheny County determined that Venneri was permanently disabled physically, affecting his ability to continue in service as a police officer, and entered an order affirming the dismissal action of Moon Township. This appeal followed.

We have reviewed the record in this case and will affirm the order of the Court of Common Pleas of Allegheny County, dated June 13,1979, dismissing the appeal of Anthony D. Venneri and affirming his dismissal by Moon Township from service as a police officer. We do so on the able opinion of the Honorable Richard Gr. Zeleznik filed at No. SA 43 of 1978, Civil Division, in the Court of Common Pleas of Allegheny County.

Order affirmed.

[458]*458Order

Now, this 13th day of August, 1980, the order of the Court of Common Pleas of Allegheny County, dated June 13, 1979, affirming the decision of the Moon Township Board of Supervisors, which removed Anthony D. Venneri from service as a police officer because of physical disability affecting his ability to continue in service, and dismissing the appeal of Anthony D. Venneri therefrom, is hereby affirmed.

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Bluebook (online)

417 A.2d 1326, 53 Pa. Commw. 456, 1980 Pa. Commw. LEXIS 1686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/venneri-v-moon-township-board-of-supervisors-pacommwct-1980.

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