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JAMES v. PATAKI

300 A.D.2d 137 (2002)

752 N.Y.S.2d 44

NATHANIEL JAMES, Appellant, v. GEORGE E. PATAKI, as Governor of the State of New York, Respondent.

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

Decided December 17, 2002.

Plaintiff, a 59-year-old African-American who obtained the rank of Major General in New York State's National Guard, alleges he was discriminated against on the basis of race and age, in contravention of state law, when defendant Governor appointed another individual, a General in New York's National Guard, Caucasian and five years plaintiff's junior, to the position Adjutant General, head of New York's Division of Military and Naval Affairs. Plaintiff, however, has no state...

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