Schatzel v. Connelie

Levine, J. (dissenting).

As I read the uncontested averments in respondent Connelie’s answer and its attachments, for at least the past 21 years the State Police have interpreted subdivision 3 of section 215 of the Executive Law and the applicable State regulation (9 NYCRR 475.1 [b]) to require an applicant to attain his or her 29th birthday before the effective date of appointment as a State trooper and, except in one isolated instance, have uniformly enforced that age limitation. Since comparable absolute age limits for appointment to security/police positions have been upheld, whether…