Cipriano v. Board of Education

Full title: SARAH M. CIPRIANO, JEUNE M. MILLER, PLAINTIFFS-APPELLANTS, v. BOARD OF…

Court: United States Court of Appeals, Second Circuit

Date published: Jun 30, 1992

968 F.2d 1502 (2d Cir. 1992)

Opinion

No. 1680, Docket 91-9050.

Argued June 15, 1992.

Decided June 30, 1992.

Christopher G. Mackaronis, Washington, D.C. (Bell, Boyd Lloyd, Washington, D.C., David G. Jay, Buffalo, N.Y., of counsel), for plaintiffs-appellants.

Edward C. Cosgrove, Buffalo, N.Y. (Judith Blake Manzella, of counsel), for defendant-appellee.

Appeal from the United States District Court for the Western District of New York.

Before: MESKILL and PRATT, Circuit Judges, and MERHIGE,^_ District Judge.

_ Hon. Robert R. Merhige, Jr., United States District Judge of the Eastern District of Virginia, sitting by designation.

PER CURIAM:

This is an appeal from a judgment of the United States District Court for the Western District of New York, Curtin, J., dismissing on summary judgment plaintiffs' Age Discrimination in Employment Act suit. Plaintiffs argue, inter alia, that the district court erred by requiring a showing that the early retirement incentive plan that they challenged discriminated in a nonfringe aspect of the employment relationship. We disagree. See Public Employees Retirement System of Ohio v. Betts, 492 U.S. 158, 109 S.Ct. 2854, 106 L.Ed.2d 134 (1989).

The judgment of the district court is affirmed substantially for the reasons set forth in Judge Curtin's opinion. Cipriano v. Board of Education, 772 F.Supp. 1346 (W.D.N.Y. 1991).