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MATTER OF SCHATZEL v. CONNELIE

61 N.Y.2d 940 (1984)

In the Matter of John F. Schatzel, Respondent, v. William G. Connelie, as Superintendent of the New York State Police, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 20, 1984.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll and Peter H. Schiff of counsel), for appellants.

Arthur M. Kahn for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed.

Constitutionality of the provision of subdivision 3 of section 215 of the Executive Law, which authorizes the Superintendent to extend the age limit for State Police candidates, is presumed and that presumption has not been challenged on this appeal. The only question before us, therefore, is whether the...

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