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MATTER OF LESTER v. NEW YORK STATE OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION

60 A.D.3d 680 (2009)

874 N.Y.S.2d 568

In the Matter of ROY J. LESTER, Appellant, v. NEW YORK STATE OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 3, 2009.

Ordered that the judgment is affirmed, with costs.

The 57-year-old petitioner claimed that the respondent New York State Office of Parks, Recreation & Historic Preservation practiced illegal age discrimination when, on several testing dates, due to his refusal to wear the State issued "speedo" swimsuit, he was not permitted to take the requalification test to be rehired as a seasonal lifeguard at Jones Beach State Park...

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