WALTER v. CITY OF NEW YORK POLICE DEPARTMENT (1997)

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered May 30, 1997, which denied plaintiffs' motion for a preliminary injunction, unanimously affirmed, without costs.

 Defendant has demonstrated that the maximum age limitation for appointment of New York City police officers (Administrative Code of City of N.Y. § 14-109) bears a rational relationship to legitimate purposes and, therefore, suffers from no infirmity under the State and Federal equal protection clauses (see, Timerman v. Bence, 176 A.D.2d 1220, 576 N.Y.S.2d 714).   The age limitation, contained in a special law, has not been impliedly repealed by the general City and State Human Rights Laws (Administrative Code of City of N.Y. § 8-107[1][a];  Executive Law § 296[1][a]) (see, Natural Resources Defense Council, Inc. v. New York City Dept. of Sanitation, 83 N.Y.2d 215, 222-223, 608 N.Y.S.2d 957, 630 N.E.2d 653).   Plaintiffs did not suffer a deprivation of due process by virtue of defendant's failure to include the age limitation on the notice of examination, because passing the examination did not confer a right to appointment (Civil Service Law § 61;  Cassidy v. Municipal Civil Serv. Commn., 37 N.Y.2d 526, 375 N.Y.S.2d 300, 337 N.E.2d 752).

We have considered plaintiffs' other contentions and find them to be without merit.

MEMORANDUM DECISION.