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MTR OF POLLI v. CONNELIE

78 A.D.2d 151 (1980)

In the Matter of Gus F. Polli et al., Respondents, v. William G. Connelie, as Superintendent of The New York State Police, Appellant

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

December 24, 1980

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Henderson G. Riggs, William J. Kogan and Shirley Adelson Siegel of counsel), for appellant.

Harold L. Solomon for respondents.

GREENBLOTT, J. P., SWEENEY, MIKOLL and CASEY, JJ., concur.

KANE, J.

At issue in this proceeding is the validity of an age requirement applicable to candidates for appointment as members of the New York State Police. Subdivision 3 of section 215 of the Executive Law provides, in part, that: "The members of the New York state police shall be appointed by the superintendent and permanent appointees may be removed by him only after a hearing. No person shall be appointed...

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