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McGINTY v. STATE OF N.Y.

No. 96-CV-1679 (LEK/RWS).

14 F.Supp.2d 241 (1998)

Mary McGINTY, as Administratrix of the Estate of Maureen Nash, and James Nash, on behalf of themselves and all others similarly situated, Plaintiffs, v. STATE OF NEW YORK, New York State and Local Employees Retirement System, and New York State Department of Taxation and Finance, Defendants.

United States District Court, N.D. New York.

July 22, 1998.

Attorney(s) appearing for the Case

Kingsley and Towne, P.C., Albany, NY, James T. Towne, Jr., of counsel, Butler, Fitzgerald & Potter, New York City, Stuart Potter, of counsel, for Plaintiffs.

Dennis C. Vacco, Attorney General of the State of New York, Albany, NY, Robert A. Siegfried, Asst. Attorney General, of counsel, for Defendants.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

Plaintiffs have brought this action alleging a violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. ("ADEA"), as amended by the Older Workers Benefit Protection Act of 1990 ("OWBPA"), Pub.L. 101-433, Title I, § 103, 104 Stat. 978 (Oct. 16, 1990). Presently before the Court is defendants' motion to dismiss for lack of subject matter jurisdiction pursuant...

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