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MATTER OF SMITHWICK v. LEVITT

154 A.D.2d 240 (1989)

In the Matter of Michael E. Smithwick, Respondent, v. Judith A. Levitt, as Director of The New York City Department of Personnel, et al., Appellants

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

October 10, 1989

The facts in this case are virtually identical to those in Matter of Savarese v Levitt (147 A.D.2d 992), decided by this court, without opinion, on February 16, 1989. The Savarese case requires reversal here. The issue in both cases is whether the applicant for a firefighters examination was required to be within six months of his or her eighteenth birthday as of the date of the filing of an application for the examination or as of the date of taking the examination...

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