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DOYLE v. SUFFOLK COUNTY

Nos. 567, 653, Dockets 85-7782, 85-7820.

786 F.2d 523 (1986)

John DOYLE, Barbara McCuen, William T. Milne, Frank Misiano, John J. Presta, Kevin Sweeney, George Lynn, Frederick Slanovec, Chris Innes, and John Considine, for themselves and for all persons similarly situated, Plaintiffs-Appellants, v. SUFFOLK COUNTY, Suffolk County Civil Service Commission, and Suffolk County Police Department, Defendants-Appellees, and State of New York, Intervenor-Appellee. Rolf HETTINGER and Michael J. McConnell, Plaintiffs-Appellees, v. NASSAU COUNTY CIVIL SERVICE COMMISSION, Adele Leonard, as Executive Director of the Nassau County Civil Service Commission, Nassau County Police Department and the County of Nassau, Defendants-Appellants, and State of New York, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 19, 1986.

Attorney(s) appearing for the Case

Douglas J. Kramer, New York City (Baden Kramer Huffman & Brodsky, New York City, on brief), for plaintiffs-appellants in No. 85-7782.

Doyle, Misiano, Sweeney, Presta & Considine filed a pro se supplemental brief in No. 85-7782.

John J. Maguire, Little Neck, N.Y. (Richard Hartman, Little Neck, N.Y., on brief), for plaintiffs-appellees in No. 85-7820.

James M. Catterson, Jr., Port Jefferson, N.Y. (William H. Pauley III and Scott M. Yaffe, Snitow & Pauley, New York City, on brief), for defendants-appellees in No. 85-7782 and for defendants-appellants in No. 85-7820.

Robert Abrams, Atty. Gen., Robert Hermann, Sol. Gen., Harvey M. Berman, Asst. Atty. Gen., New York City, submitted a brief for intervenor-appellee.

Before KAUFMAN, NEWMAN and MINER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

These two related but unconsolidated appeals present equal protection challenges to enforcement of New York's statutory prohibition against the hiring of police officers who are "more than twenty-nine years of age," N.Y.Civ.Serv.Law § 58(1)(a) (McKinney 1983). The challenges arise in the wake of our prior decision in Hahn v. City of Buffalo, 770 F.2d 12 (2d Cir.1985), which affirmed a judgment...

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