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E.E.O.C. v. STATE OF N.Y.

No. 89 CV 7159 (KMW).

729 F.Supp. 266 (1990)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. STATE OF NEW YORK, N.Y.S. Office of Court Administration, N.Y. Administrative Board of Courts, and N.Y.S. Department of Audit and Control, Defendants.

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

January 12, 1990.

Attorney(s) appearing for the Case

James L. Lee, Ann Thacher Anderson, Louis Graziano, E.E.O.C., New York City, for plaintiff.

Michael Colodner, Kenneth Falk, Office of Court Admin., New York City, for Office of Court Admin.

Caren S. Brutten, Asst. Atty. Gen., Robert Abrams, Atty. Gen., New York City, for State of N.Y.

OPINION AND ORDER

KIMBA M. WOOD, District Judge.

This case presents the question whether New York State's refusal to consider judges over age seventy-six for service as "certificated" judges constitutes age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), as amended, 29 U.S.C. § 621, et seq. Plaintiff moved for a preliminary injunction enjoining the defendants from refusing to consider a seventy-six year old judge...

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