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ALLEN v. CITY OF BUFFALO

143 Misc.2d 1054 (1989)

In the Matter of Bruce C. Allen et al., Petitioners, v. City of Buffalo et al., Respondents. In the Matter of Joseph J. Catanzaro et al., Petitioners, v. City of Buffalo et al., Respondents.

Supreme Court, Erie County.

March 14, 1989

Attorney(s) appearing for the Case

Edward C. Cosgrove and William A. Price for petitioners. Robert Abrams, Attorney-General (Douglas S. Cream of counsel), for State Division of Human Rights. Samuel F. Houston, Corporation Counsel, and Broderick, Rubino & Vossler (Rosemary Gavigan Bis of counsel), for City of Buffalo, respondent.

THOMAS F. McGOWAN, J.

These consolidated petitions under CPLR article 78 arise out of the short-lived conflict between the Federal Age Discrimination in Employment Act (ADEA) (29 USC § 623 [a] [1]) and New York's Civil Service Law § 58, regarding the hiring of law enforcement officers. Until January 1, 1987, the ADEA prohibited age discrimination against applicants between the ages of 40 and 70 who...

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