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ANDRADE v. NADEL

No. 79 Civ. 3552-CLB.

477 F.Supp. 1275 (1979)

Bolivar ANDRADE, Plaintiff, v. S. Michael NADEL, New York City Personnel Director, Charles R. Foy, Jr., Deputy New York City Personnel Director, Harold L. Fisher, Chairman, New York City Transit Authority, Defendants.

United States District Court, S. D. New York.

October 15, 1979.

Attorney(s) appearing for the Case

New York Civil Liberties Union by Steven R. Shapiro, New York City, for plaintiff Andrade.

Allen G. Schwartz, Corp. Counsel of the City of New York, for defendants Nadel and Foy, by David D. Drueding, Marilyn Richter, New York City.

Helen R. Cassidy, Gen. Counsel, New York City Transit Authority, New York City, for defendant Fisher.

Robert Abrams, Atty. Gen., State of New York, for intervenor, by Robert S. Hammer, Asst. Atty. Gen., New York City.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

By his complaint filed July 10, 1979 pursuant to 42 U.S.C. § 1983, plaintiff Bolivar Andrade challenges the constitutionality, as applied to him, of New York Civil Service Law § 85(I)(a) and the provisions of Article V, § 6 of the New York State Constitution, which together condition upon American citizenship eligibility for a veteran's preference for appointments pursuant to competitive examination...

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