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

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 1975·Published·Cited by 4 cases

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.

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).

Pincite

49 A.D.2d 879 (Harren v. Middle Island Central School District No. 12) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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