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MATTER OF GROSS v. NEW YORK STATE HUMAN RIGHTS APPEAL BD.

80 A.D.2d 678 (1981)

In the Matter of Stanford O. Gross, Petitioner, v. New York State Human Rights Appeal Board et al., Respondents

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

February 5, 1981

Petitioner, Stanford O. Gross, began employment with respondent NL Industries, Inc., in 1949. Petitioner and eight other employees over the age of 55 were notified by a company representative on September 28, 1976 that they were being retired effective January 1, 1977 pursuant to section 4.3 (b) of the NL retirement plan. Gross was 56 years of age and a superintendent of mining and lands. Section 4.3 (b) provided as follows: "At the convenience of the Company, a participant...

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