Legal Opinion

Equal Employment Opportunity Commission v. New York

District Court, S.D. New York

Decided January 12, 1990No. 89 CV 7159 (KMW)PublishedCited by 1 opinion

1Opinion of the Court

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, the Hon. Isaac Rubin, for recertification. Defendants moved for judgment on the merits. Pursuant to Fed.R.Civ.P. 65(a)(2), and with the consent of…

2Cases cited16 opinions

Hicks v. MirandaSupreme Court of the United States · 1975
Mandel v. BradleySupreme Court of the United States · 1977
Fusari v. SteinbergSupreme Court of the United States · 1975
Owens v. RushCourt of Appeals for the Tenth Circuit · 1981
Sharyl TENEYUCA, Plaintiff-Appellant, v. BEXAR COUNTY, Bill White, and Charles T. Conaway, Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1985

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3Cited by1 opinion

EEOC v. State of NYDistrict Court, S.D. New York · 1990