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O'BRIEN v. BOARD OF EDUC. OF DEER PARK UNION FREE SCHOOL DIST.

Nos. 94 CV 4695(DRH), 95 CV 0092(DRH).

127 F.Supp.2d 342 (2001)

Richard O'BRIEN, et al., Plaintiffs, v. BOARD OF EDUCATION OF THE DEER PARK UNION FREE SCHOOL DISTRICT Deer Park Public Schools, Defendant. Equal Employment Opportunity Commission, Plaintiff, v. Deer Park Union Free School District, Defendant.

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

January 24, 2001.

Attorney(s) appearing for the Case

Rosen Leff, Hempstead, New York, by Robert M. Rosen, Douglas D. Scherer, Lori Brown, for plaintiffs Richard O'Brien, et al.

Equal Employment Opportunity Commission, New York District Office, New York City, by Elizabeth Grossman, David L. Barkey.

Barry McTiernan & Moore, New York City, by Suzanne M. Halbardier, for Deer Park Union Free School District.

MEMORANDUM AND ORDER ON RECONSIDERATION

HURLEY, District Judge.

Plaintiffs in this consolidated action claim that a provision of the Defendant Deer Park Union Free School District's collective bargaining agreement that governs sick leave accumulation for the purpose of retirement payment violates, inter alia, the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., as amended by the Older Workers Benefit Protection Act of 1990...

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