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MATTER OF BUFFALO MUN. CIVIL SERV. COMM'N v. MERCADO

233 A.D.2d 877 (1996)

649 N.Y.S.2d 860

In the Matter of Buffalo Municipal Civil Service Commission, Petitioner, v. Edward Mercado, as Commissioner of Human Rights, et al., Respondents

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

November 8, 1996

Determination unanimously annulled on the law without costs and petition granted.

Memorandum:

The determination of respondent Commissioner that petitioner discriminated against complainants on the basis of their age is not supported by substantial evidence. At the relevant times herein, there was controlling statutory authority for petitioner to establish reasonable minimum and maximum age limits for firefighters...

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