Harren v. Middle Island Central School District No. 12

Appellate Division of the Supreme Court of New York

Harren v. Middle Island Central School District No. 12

49 A.D.2d 879, 373 N.Y.S.2d 20, 1975 N.Y. App. Div. LEXIS 11087, 19 Fair Empl. Prac. Cas. (BNA) 467

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 6, 1975

StatusPublished

Cited by4 cases

This text of 49 A.D.2d 879 (Harren v. Middle Island Central School District No. 12) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harren v. Middle Island Central School District No. 12, 49 A.D.2d 879, 373 N.Y.S.2d 20, 1975 N.Y. App. Div. LEXIS 11087, 19 Fair Empl. Prac. Cas. (BNA) 467 (N.Y. Ct. App. 1975).

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Opinion

In a proceeding pursuant to CPLR article 78 to annul respondent’s determination that petitioner be retired because she had attained the mandatory retirement age, petitioner appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Suffolk County, entered October 9, 1974, as denied the application and dismissed the petition. Judgment affirmed insofar as appealed from, without costs. On the record in this appeal, there is no evidence of unconstitutional discrimination. A mandatory retirement policy at age 70 is not unconstitutional under present standards, and this record does not reveal anything other than a statutorily authorized mandatory retirement policy. Rabin, Acting P. J., Hopkins, Christ, Munder and Shapiro, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to annul respondent’s determination that petitioner be retired because she had attained the mandatory retirement age, petitioner appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Suffolk County, entered October 9, 1974, as denied the application and dismissed the petition. Judgment affirmed insofar as appealed from, without costs. On the record in this appeal, there is no evidence of unconstitutional discrimination. A mandatory retirement policy at age 70 is not unconstitutional under present standards, and this record does not reveal anything other than a statutorily authorized mandatory retirement policy. Rabin, Acting P. J., Hopkins, Christ, Munder and Shapiro, JJ., concur.

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49 A.D.2d 879, 373 N.Y.S.2d 20, 1975 N.Y. App. Div. LEXIS 11087, 19 Fair Empl. Prac. Cas. (BNA) 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harren-v-middle-island-central-school-district-no-12-nyappdiv-1975.

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