Opn. No.

HON. JOHN J. PETTIGRASS Corporation Counsel, Auburn

This is in response to your letter wherein you ask for an opinion of the Attorney General as to whether a local law of the City of Auburn, which mandates the retirement of City employees at the age of 70, can be reconciled with section 296(1-a) of the Executive Law which makes it unlawful to discharge any individual from employment because of age. You further ask whether your City Clerk, a member of the New York State Employees' Retirement System, is exempt from this mandatory retirement age since he is appointed directly by the City Council.

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