DIV. OF HUMAN RIGHTS v. STATE


62 A.D.2d 617 (1978)

State Division of Human Rights on the Complaint of Albert P. Kozlowski, Petitioner, v. State of New York, Executive Department, Division of State Police, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 26, 1978


Attorney(s) appearing for the Case

James M. White for petitioner.

Louis J. Lefkowitz, Attorney-General (Lawrence Doolittle and Ruth Kessler Toch of counsel), for State of New York, Executive Department, respondent.

Ann Thacher Anderson for State Division of Human Rights.

Richard E. Bolton for New York State Police.

CARDAMONE, SIMONS, HANCOCK, JR., and DENMAN, JJ., concur.


MOULE, J. P.

The principal questions raised in this proceeding under section 298 of the Executive Law are whether petitioner's mandatory retirement from the Division of State Police at age 55, pursuant to subdivision e of section 381-b of the Retirement and Social Security Law, violates the prohibition against age discrimination set forth in subdivision 3-a of section 296 of the Executive Law, and whether this...

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