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ROSS v. ARBURY

206 Misc. 74 (1954)

Herbert U. Ross, Doing Business under the Name of "Ross Employment Service", Plaintiff, v. Ward B. Arbury et al., as Members of The State Commission Against Discrimination, Defendants.

Supreme Court, Special Term, New York County.

June 18, 1954.

Attorney(s) appearing for the Case

Burke & Burke for plaintiff.

Henry Spitz for defendants.

CORCORAN, J.

In this action for a declaratory judgment against the members of the State Commission Against Discrimination, both the plaintiff and the defendants move for summary judgment.

The State Commission Against Discrimination, in reliance on its statutory rule-making power (Executive Law, § 295, subd. 5), adopted a regulation which reads, in part, as follows: "1. Posting of Notices. Every...

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