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KUHNLE v. DIV OF HUMAN RIGHTS

40 N.Y.2d 720 (1976)

Alfred O. Kuhnle, Appellant, v. New York State Division of Human Rights et al., Respondents.

Court of Appeals of the State of New York.

Decided November 30, 1976.

Attorney(s) appearing for the Case

William D. Friedman, Hempstead, for appellant.

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan of counsel), New York City, for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER and COOKE concur with Judge FUCHSBERG; Judge JONES concurs in a separate opinion in which Chief Judge BREITEL also concurs.

FUCHSBERG, J.

We are required to decide on this appeal whether the provisions of sections 210 and 211 of the Retirement and Social Security Law, which permit former public employees who have reached retirement age to continue working for the government without loss or suspension of pension benefits but which do not extend a like permission to those retired because of disabilities, constitute discriminatory treatment...

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