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McMAHON v. BARCLAY

No. 80 CIV 4339 (LBS).

510 F.Supp. 1114 (1981)

Daniel M. McMAHON and Andrea Sadoff, Plaintiffs, v. Hartley W. BARCLAY, Jr., Westchester County Personnel Office and New York State Department of Civil Service, Defendants.

United States District Court, S. D. New York.

April 8, 1981.

Attorney(s) appearing for the Case

Anderson & Rubin, New York City, Leonard H. Rubin, New York City and Westchester Civil Liberties Union, New Rochelle, N. Y., of counsel.

Samuel S. Yasgur, Westchester County Atty., White Plains, N. Y., for Hartley W. Barclay, Jr. and Westchester County Personnel Office; Peter J. Holmes, Sr. Asst. County Atty., White Plains, N. Y., of counsel.

OPINION

SAND, District Judge.

In this action for a declaration that § 58(1)(a) of the New York Civil Service Law is invalid, plaintiffs have moved for summary judgment with respect to Count II of the complaint.1 This count seeks a declaration that the provision of § 58(1)(a) which prohibits employment of persons over the age of 29 as police officers is invalid as being "arbitrary, unreasonable and [bearing] no rational...

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