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Dennis F. Virtuoso will remain in his job as director of inspections and planning at least until Jan. 5, State Supreme Court Justice Jacqueline M. Koshian ruled Monday.

Judge Koshian made the ruling after hearing a petition by the attorney for Mayor James C. Galie and City Administrator Anthony J. Restaino that seeks to set aside action by the City Council that eliminated the position.

The Council eliminated the post by removing the position and its $54,000 salary from the 1998 budget. Galie vetoed that Council action, but the Council overrode the veto.

Six of the seven Council members are included in the suit. They are the six who at first voted to eliminate the position and its funding and later overrode Galie's veto.

The Council's position, according to its attorney, Timothy J. Toohey, is the Council is in the process of reorganizing the city departments and has been trying to establish a dialogue with the mayor to accomplish that.

In ruling that the status quo in the 1997 budget be maintained, Judge Koshian asked both sides to have their position papers in her hands by Jan. 2. She said she would deliver her ruling Jan. 5.

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