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MATTER OF JEANPIERRE v. ARBURY

4 N.Y.2d 238 (1958)

In the Matter of Wendell A. Jeanpierre, Appellant, v. Ward B. Arbury et al., Constituting the State Commission Against Discrimination, Respondents.

Court of Appeals of the State of New York.

Decided April 3, 1958.

Attorney(s) appearing for the Case

Bruce McM. Wright, Thomas G. Weaver, Charles T. McKinney, Bernard Reswick, Fernando Howard and Lloyd H. Riley for appellant.

Mervin H. Riseman for American Jewish Committee, New York Chapter, and Sydney A. Hellenbrand for Anti-Defamation League of B'nai B'rith (Arnold Forster, Paul Hartman, Theodore Leskes, Arthur W. Lichtenstein, Edwin J. Lukas, Sol Rabkin and Melvin Lloyd Robbins of counsel), amici curiæ, in support of appellant's position.

Milton Rosenberg and Henry Spitz for respondents.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

Per Curiam.

The dismissal of petitioner's complaint of unlawful discrimination, upon a determination — by a single member of the State Commission Against Discrimination whose decision was not disturbed by the commission chairman — that probable cause did not exist (Executive Law, §§ 296, 297), is reviewable by the courts in this proceeding. No intent to preclude judicial review of such determination...

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