14 N.Y.2d 138 (1964)

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

Court of Appeals of the State of New York.

Decided April 2, 1964.

Attorney(s) appearing for the Case

Henry Spitz, Solomon J. Heifetz and Joan Offner for appellants-respondents.

Leo A. Larkin, Corporation Counsel (David W. Peck, Morris Handel and Hugh J. O'Rourke of counsel), for respondent-appellant.

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

Robert M. Benjamin, Frank E. Karelsen and Fred N. Fishman for Public Education Association, amicus curiæ.

Robert L. Carter, Maria L. Marcus and Jawn A. Sandifer for National Association for the Advancement of Colored People, amicus curiæ.

Edward D. Burns and Thomas A. Bolan for Catholic Teachers Association of the Diocese of Brooklyn, Inc., amicus curiæ.

Robert P. Whelan and John F. O'Shea for Bay Ridge Catholic Guild, Inc., amicus curiæ.

Chief Judge DESMOND and Judges BURKE and SCILEPPI concur with Judge BERGAN; Judge DYE dissents in an opinion in which Judges FULD and VAN VOORHIS concur.


The interdiction of discrimination in civil rights based on race or creed is a fundamental public policy of New York, articulated in both the constitutional and the statutory law of the State. The controversy in this case arises from a dispute between two public authorities as to which shall have the right to enforce the law against discrimination in employment...


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