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MATTER OF CATANZARO v. CITY OF BUFFALO

163 A.D.2d 822 (1990)

In the Matter of Joseph J. Catanzaro et al., Respondents, v. City of Buffalo et al., Respondents, and Karen S. Burstein et al., Constituting The New York State Civil Service Commission, Appellants. (Appeal No. 2.)

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

July 13, 1990

Judgment unanimously modified on the law and as modified affirmed without costs and petition dismissed, in accordance with the following memorandum:

These consolidated CPLR article 78 proceedings arise out of a short-lived conflict between New York's statutory prohibition against the hiring of police officers who are "more than twenty-nine years of age" (Civil Service Law § 58 [1] [a]) and the Federal Age Discrimination in Employment

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