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FELDMAN v. NASSAU COUNTY

Docket No. 05-0444-CV.

434 F.3d 177 (2006)

Alan Jay FELDMAN, Plaintiff-Appellant, v. NASSAU COUNTY, Nassau County Civil Service Commission and Nassau County Police Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 9, 2006.

Attorney(s) appearing for the Case

Barry D. Haberman, New City, NY, for Plaintiff-Appellant.

David B. Goldin, Deputy County Attorney (Lorna B. Goodman, County Attorney, on the brief), Nassau County Attorney's Office, Mincola, NY, for Defendants-Appellees.

Before: NEWMAN, CABRANES and HALL, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

We consider here whether section 58(1)(a) of the New York Civil Service Law,1 which prohibits an applicant who is over thirty-five years of age at the time he sits for the civil service examination from becoming a police officer, fails to qualify for the "law enforcement exception" of section 4(j) of the Age Discrimination in Employment Act of 1967 ("ADEA"), as amended, 29 U.S.C. § 623(j). We...

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