Man Behind Age-Discrimination Lawsuit Complains Judge Is 'Too Old'

Martin Stoner age discrimination claimPractice makes perfect is a mantra many musicians know all too well. And it appears it was the strategy that a violinist in New York was using in his effort to get an age discrimination lawsuit heard before a different judge -- one who isn't quite so old.

But it didn't work. Instead, the lawsuit that Martin Stoner refiled against a New York City nonprofit ended up in front of the same judge -- 88-year-old U.S. District Court Judge Robert Patterson, who Stoner previously complained was "too old," the New York Daily News reported Monday.

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"Judge Patterson should be removed from the bench, both because of his mental and physical limitations," Stoner wrote in his judicial complaint. "With all due respect, he may have been a very learned jurist in his day."

The irony wasn't lost on Stoner, who told the Daily News: "I've criticized him and now he's going to judge me. Well, that doesn't make me feel that good in terms of fairness."

Patterson initially dismissed Stoner's complaint because of a paperwork error. Undaunted, Stoner corrected and refiled the suit in the hope of getting his case assigned to another judge.

Stoner, 60, filed the complaint against Young Concert Artists because he wanted to compete in a contest that the organization promotes, aimed at 16-to-26-year-olds, and which features a prize valued at more than $75,000.

Until last year, Stoner was employed by the New York City Ballet orchestra, where he had performed for 25 years.

Young Concert Artists Director Susan Wadsworth told the newspaper that she was pleased with the turn of courtroom events, calling Patterson "very fair."

Next: 3M Settles Age Discrimination Complaint For $3,000,000

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David Schepp

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David Schepp has spent more than a dozen years covering business news for the electronic and print media, including Dow Jones Newswires, BBC News, Gannett Co., and most recently at AOL's DailyFinance. Nearly 10 years ago, he started writing a weekly People@Work column, looking in depth at issues facing workers in today's workplace. The syndicated column appeared in newspapers and websites nationwide before it made its debut on DailyFinance in 2010. Schepp now continues that tradition at Aol Jobs, covering the jobs beat and providing readers insight and analysis into the nation's challenging employment scene.

Schepp holds a Bachelor of Arts degree in journalism from Metropolitan State College of Denver.

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