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JOHNSON v. LEFKOWITZ

No. 381, Docket 77-7282.

566 F.2d 866 (1977)

Carol C. JOHNSON, Plaintiff-Appellant, v. Louis J. LEFKOWITZ, Individually and as New York State Attorney General and as head of the New York State Law Department which contains the Real Property Bureau and Victor S. Bahou, Erse H. Poston and Josephine L. Gambino, as respectively, President, Member and Member of the New York State Civil Service Commission and Arthur Levitt, as New York State Comptroller who as such is Administrative Head of the New York State Employee's Retirement System, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 14, 1977.

Attorney(s) appearing for the Case

Carol C. Johnson, pro se.

Lillian Z. Cohen, Asst. Atty. Gen., State of New York, and Samuel Hirshowitz, First Asst. Atty. Gen., New York City, of counsel, for defendants-appellees.

Before KAUFMAN, Chief Judge, and ANDERSON and TIMBERS, Circuit Judges.

KAUFMAN, Chief Judge:

This appeal brings into question the constitutionality of § 70 of the New York State Retirement and Social Security Law which provides for the mandatory retirement of tenured civil service employees at age 70. Carol Johnson, whose position as Senior Attorney in the State Real Property Bureau was terminated pursuant to that provision, seeks its invalidation, claiming that, on its face and as applied, § 70 contravenes the due process...

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