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MAKI v. COMMISSIONER OF EDUC. OF STATE OF N.Y.

No. 82-CV-34.

568 F.Supp. 252 (1983)

Elmer MAKI, Plaintiff, v. The COMMISSIONER OF EDUCATION OF the STATE OF NEW YORK and The Newfield Central School District, Defendants.

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

June 30, 1983.

Attorney(s) appearing for the Case

Peter Costanza, Ithaca, N.Y., for plaintiff.

Robert Abrams, Atty. Gen., State of N.Y., Albany, N.Y., for defendant Com'r of Educ.; Daniel L. Saxe, Asst. Atty. Gen., Albany, N.Y., of counsel.

Robert D. Stone, Albany, N.Y., for defendant Com'r of Educ.; Victor M. DeBonis and Kenneth Pawson, Albany, N.Y., of counsel.

Bond, Schoeneck & King, Albany, N.Y., for defendant Newfield Central School Dist.; David R. Sheridan, Albany, N.Y., of counsel.

MEMORANDUM-DECISION and ORDER

I

MINER, District Judge.

In this action, plaintiff claims a violation of the Age Discrimination in Employment Act (hereinafter "ADEA"), 29 U.S.C. §§ 621 et seq., in that he was required by state regulation to retire as a school bus driver of the Newfield Central School District solely because he had reached the age of sixty-five. Plaintiff seeks back-pay, declaratory and injunctive relief. Federal...

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