16 A.D.2d 443 (1962)

In the Matter of Board of Higher Education of the City of New York, Respondent, v. Elmer A. Carter et al., Constituting The State Commission Against Discrimination, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 29, 1962.

Attorney(s) appearing for the Case

Henry Spitz of counsel (Solomon J. Heifetz and Joan Offner with him on the brief), for appellants.

David W. Peck of counsel (Morris Handel and Hugh J. O'Rourke with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondent.

Charles A. Brind, Jr. (John P. Jehu, Elizabeth M. Eastman, George B. Farrington and Louis H. J. Welch with him on the brief), for Board of Regents of the University of the State of New York and another, amici curiæ.

John J. Mullally of counsel (Lawrence P. Downes and Bernard J. McMahon with him on the brief), for Ancient Order of Hibernians in America, amicus curiæ.

Robert L. Carter of counsel (Jawn A. Sandifer and Maria L. Marcus with him on the brief), for National Association for the Advancement of Colored People, amicus curiæ.

Robert P. Whelan of counsel (Foley & Grainger, attorneys), for Bay Ridge Catholic Action Guild, Inc., amicus curiæ.

Thomas A. Bolan of counsel (Edward D. Burns with him on the brief; Saxe, Bacon & O'Shea, attorneys), for Catholic Teachers Association of the Diocese of Brooklyn, Inc., amicus curiæ.

Robert M. Benjamin of counsel (Frank E. Karelsen and Fred N. Fishman with him on the brief), for Public Education Association, amicus curiæ.

BREITEL, J. P., McNALLY and EAGER, JJ., concur in Per Curiam opinion; STEVENS and STEUER, JJ., dissent in part in separate opinions.

Per Curiam.

The State Commission for Human Rights (formerly the State Commission against Discrimination and hereinafter referred to as the Commission), being a State agency created by statute, has only such powers as are conferred upon it by the statute. Its powers, as so conferred, are twofold, namely, (first) powers in specific areas, to wit, the "power to eliminate and prevent discrimination in employment, in places...


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