Harren v. Middle Island Cent. School Dist. No. 12
| Decision Date | 06 October 1975 |
| Citation | 49 A.D.2d 879,373 N.Y.S.2d 20 |
| Parties | , 19 Fair Empl.Prac.Cas. (BNA) 467 In the Matter of Alice HARREN, Appellant, v. MIDDLE ISLAND CENTRAL SCHOOL DISTRICT NO. 12, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Eugene M. Kaufman, New York City (James J. Brady, New York City, of counsel), for appellant.
David E. Sallah, Garden City, for respondent.
Before SAMUEL RABIN, Acting P.J., and HOPKINS, CHRIST, MUNDER and SHAPIRO, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to CPLR article 78 to annul respondent's determination that petitioner be retired because she had attained the mandatory retirement age, petitioner appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Suffolk County, entered October 9, 1974, as denied the application and dismissed the petition.
Judgment affirmed insofar as appealed from, without costs.
On the record in this appeal, there is no evidence of unconstitutional discrimination. A mandatory retirement policy at age 70 is not unconstitutional under present standards, and this record does not reveal anything other than a statutorily authorized mandatory retirement policy.
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Palmer v. Ticcione, 75 C 2007.
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