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Constantino v. Borough of Berlin

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 4, 2002

This appeal by Anthony Constantino challenges the consequence of retroactive federal legislation on State law as to enforcing the maximum age limit of thirty-five on a municipality in its hiring of law enforcement personnel. Constantino contends that he was not hired due to his age being over fifty during a three year period when states were not permitted by federal legislation to classify or discriminate on the basis of age. On cross-motions for summary judgment the judge granted defendants’ motions and denied Constantino’s motion for partial summary judgment. Constantino appeals the adverse rulings. He also argues that the federal legislation should only have prospective effect on N.J.S.A. 40:14-127 and that he should have been granted partial summary judgment. We reject Constantino’s contentions and affirm. Despite his claim, subsequent federal law clearly had retroactive effect, and pre-existing and longstanding New Jersey law that specifically prohibited municipalities from hiring persons as police officers under age eighteen or over age thirty-five once again became enforceable.

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