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McGINTY v. NEW YORK

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

84 F.Supp.2d 314 (2000)

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.

January 10, 2000.

Attorney(s) appearing for the Case

Kingsley and Towne, P.C., Albany, New York; for plaintiffs, James T. Towne, Jr., of counsel.

Butler, Fitzgerald & Potter, NY City; for plaintiffs, Stuart Potter, of counsel.

Hon. Dennis C. Vacco, Attorney General of the State of New York, Department of Law, Albany, NY; for defendants, Robert A. Siegfried, Asst. Attorney General, of counsel.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

In this action, plaintiffs allege violations 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). Previously, this Court granted defendants' motion to dismiss for lack of jurisdiction, based on the Court's conclusion that plaintiff...

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