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HAHN v. CITY OF BUFFALO

Nos. CIV-80-874C, CIV-80-796C, CIV-80-797C and CIV-80-1184C.

596 F.Supp. 939 (1984)

Suzanne M. HAHN, Patricia J. Koch, Mary Catherine O'Sullivan, Diane M. Smith, Sandra C. Walker, Linda D. Craig, Josephine M. Hodge, Shirley E. Bowers, Plaintiffs, and Equal Employment Opportunity Commission, et al., Plaintiffs-Intervenors, v. The CITY OF BUFFALO, a Municipal Corporation; James B. Cunningham, in his capacity as Police Commissioner, City of Buffalo Police Department; Anthony J. Collucci, Paschal C. Rubino, and Michael L. Broderick, in their capacities as Commissioners, City of Buffalo Civil Service; and The New York State Dept. of Civil Service, Defendants. Thomas J. DOMINO, Plaintiff, v. John V. CLARK, New York State Department of Civil Service; Victor S. Bahou, in his capacity as President of the New York State Civil Service Commission and Head of the New York State Department of Civil Service; James G. McFarland, in his capacity as Commissioner of the New York State Civil Service Commission; and Josephine Gambino, in her capacity as Commissioner of the New York Civil Service Commission, Defendants. Kenneth A. KUCZKA, Plaintiff, v. John V. CLARK, New York State Department of Civil Service; Victor S. Bahou, in his capacity as President of the New York State Civil Service Commission and as Head of the New York State Department of Civil Service; James G. McFarland, in his capacity as Commissioner of the New York State Civil Service Commission; and Josephine Gambino, in her capacity as Commissioner of the New York State Civil Service Commission, Defendants. David R. KARNEY, Plaintiff, v. John V. CLARK, New York State Department of Civil Service; Victor S. Bahou, as President of the New York State Civil Service Commission and as Head of the New York State Department of Civil Service; James G. McFarland, as a Commissioner of the New York State Civil Service Commission; and Josephine L. Gambino, as a Commissioner of the New York State Civil Service Commission, and Kenneth J. Braun, as Sheriff of Erie County, Defendants.

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

October 30, 1984.

Attorney(s) appearing for the Case

William A. Price, Buffalo, N.Y., for plaintiffs Hahn, Koch, O'Sullivan, Smith, Walker, Craig, Hodge, Bowers and plaintiffs-intervenors Brozyna, Nowaldy, Tobias, Shaw, Elliott Williams, Willis, Richter, Aston, Berry, Neiman, Bienko, Rindfleisch, Farley, Lema, Michel, Delano, Kerr, James, Betz, DeJesus, Harris, Wagstaff, Hokes, Gladden, Jordan, McDonald, Moore, Abdallah, Mack, Cusella, Shea, Tutuska, Arcara, Malaney, Mullen, Jones, Minor, Feaster, Hutcherson, Motley, Stallworth, Richardson, Ostrowski, Polakiewicz, Moulin, Collier, O'Sullivan and Witaszek.

Cohen, Swados, Wright, Hanifin, Bradford & Brett, Buffalo, N.Y. (Barbara R. Heck James, Buffalo, N.Y., of counsel), for plaintiffs-intervenors Luxenberg, Decker, Wolf, Klipfel, Davis, Emery Williams, M. Schmidt, B. Schmidt, Cotter, Lorenz and Wipperman (Cheryl S. Fisher, Buffalo, N.Y., of counsel), for plaintiffs-intervenors Wehner and McCabe; for plaintiff Domino in CIV-80-796C; and for plaintiff Kuczka in CIV-80-797.

Saperston, Day, Lustig, Gallick, Kirschner & Gaglione, Buffalo, N.Y. (Richard A. Clack, Buffalo, N.Y. of counsel), for plaintiffs-intervenors Hoy, Mikulski and Moore.

Edward A. Pace, Buffalo, N.Y., for plaintiffs-intervenors Clark, Cooper and Quinn.

William R. Hites, Buffalo, N.Y., for plaintiff-intervenor McMahon.

Dubin & Sommerstein, Buffalo, N.Y. (Edwin P. Hunter, Buffalo, N.Y., of counsel), for plaintiffs-intervenors Giacchino and Shea and for plaintiff-intervenor Karney in CIV-80-1184C.

Sargent & Repka, Buffalo, N.Y. (Nicholas J. Sargent, Buffalo, N.Y., of counsel), for plaintiffs-intervenors Dillon and Leone.

Garvey, Magner & Love, Buffalo, N.Y. (Jeffrey L. Taylor, Buffalo, N.Y., of counsel), for plaintiff-intervenor Breitnauer.

E.E.O.C., Buffalo, N.Y. (Saul Krenzel, New York City, of counsel), for plaintiff-intervenor E.E.O.C.

Robert Abrams, Atty. Gen., State of N.Y. (Douglas S. Cream, Asst. N.Y. State Atty. Gen., Buffalo, N.Y., of counsel), for defendant State of N.Y.

John Naples, Corp. Counsel, Buffalo, N.Y. (Peter J. Gerard, Asst. Corp. Counsel, Buffalo, N.Y., of counsel), for defendants City of Buffalo, Cunningham, Collucci, Rubino and Broderick.

Eugene F. Pigott, Jr., Erie County Atty., Buffalo, N.Y. (Robert E. Casey, Asst. County Atty., Buffalo, N.Y., of counsel), for defendant Braun in CIV-80-1184C and for defendant Clark in CIV-80-796C, CIV-80-797C, and CIV-80-1184C.

CURTIN, Chief Judge.

This case involves age discrimination in the hiring of police officers in Buffalo, New York, and other municipalities in the Buffalo area. Section 58(1)(a) of the New York State Civil Service Law provides that no person who is more than 29 years of age shall be eligible for appointment as a police officer.1

The plaintiffs are individuals over the age of 29 whose...

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