Whitehair v. Civil Service Com'n of Monroe County

Decision Date18 February 1977
Citation56 A.D.2d 711,392 N.Y.S.2d 583
Parties, 36 Fair Empl.Prac.Cas. (BNA) 392 Tyrone WHITEHAIR, Appellant, v. The CIVIL SERVICE COMMISSION OF MONROE COUNTY, et al., Respondents.
CourtNew York Supreme Court — Appellate Division

Lawrence P. Keller, Holley, for appellant.

William J. Stevens, Joseph T. Pilato, Rochester, for respondents.

Order unanimously affirmed without costs (see Massachusetts Bd. of Retirement v. Murgia, 427 U.S. 307, 96 S.Ct. 2562, 49 L.Ed.2d 520; Matter of Figueroa v. Bronstein, 38 N.Y.2d 533, 381 N.Y.S.2d 470, 344 N.E.2d 402). (Appeal from Order of Monroe Supreme Court, Smith, J.--Summary Judgment.)

Present: MARSH, P.J., and MOULE, DILLON, GOLDMAN and WITMER, JJ.

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6 cases
  • Feimer v. Ward
    • United States
    • New York Supreme Court
    • October 3, 1984
    ...for police officers covered by state civil service, have consistently been upheld in this state (see Whitehair v. Civil Service Comm. of Monroe County, 56 A.D.2d 711, 392 N.Y.S.2d 583; Matter of Hawkins v. Kohn, 64 A.D.2d 628, 406 N.Y.S.2d 546; Matter of Spina v. County of Chautauqua, 50 A.......
  • Kuczka v. Clark
    • United States
    • New York Supreme Court
    • May 21, 1981
    ...cannot agree that such an interpretation is compelled by the "plain meaning" of the statute. In Whitehair v. Civil Service Commission of Monroe County, 56 A.D.2d 711, 392 N.Y.S.2d 583, a case with facts similar to the instant one, the plaintiff took a police officer examination while he was......
  • Catanzaro v. City of Buffalo
    • United States
    • New York Supreme Court — Appellate Division
    • July 13, 1990
    ...Comm., 77 A.D.2d 817, 437 N.Y.S.2d 136, lv. denied 51 N.Y.2d 708, 433 N.Y.S.2d 1028, 414 N.E.2d 403; Whitehair v. Civil Serv. Comm. of Monroe County, 56 A.D.2d 711, 392 N.Y.S.2d 583). Accordingly, the judgment of Supreme Court, 143 Misc.2d 1054, 541 N.Y.S.2d 876, should be modified to dismi......
  • Knapp v. Monroe County Civil Service Com'n
    • United States
    • New York Supreme Court — Appellate Division
    • July 10, 1980
    ...constitutionality of this section of the Civil Service Law and its age limits under challenge here in Whitehair v. Civil Serv. Comm. of Monroe County, 56 A.D.2d 711, 392 N.Y.S.2d 583. The issue merits no further We also hold that section 58 does not contravene the prohibition against age di......
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