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STATE DIV. HUMAN RIGHTS v. LUPPINO

35 A.D.2d 107 (1970)

In the Matter of State Division of Human Rights, Petitioner, v. Rocco Luppino et al., Respondents State Commission for Human Rights, on the Complaint of New York Urban League and John Gaynus, as Director of Operation Open City, Petitioner, v. Edmund M. Speer, Jr., as Trustee under The Will of Edmund M. Speer, Deceased, et al., Respondents

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

July 27, 1970.

Attorney(s) appearing for the Case

Henry Spitz (Alan J. Saks of counsel), for petitioner in the first proceeding.

No appearance for Rocco Luppino and others, respondents.

Alexander A. Kolben for New York Urban League and another, petitioners in the second proceeding.

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Franklin E. White of counsel), for New York City Commission on Human Rights, amicus curiæ.

No appearance for Edmund M. Speer, Jr., and others, respondents.

MUNDER, LATHAM and BRENNAN, JJ., concur with MARTUSCELLO, J.; HOPKINS, Acting P. J., concurs in Luppino and dissents in Speer in a separate opinion.

MARTUSCELLO, J.

The question which is common to both of these proceedings is whether the State Division of Human Rights has the authority to order payment of damages for mental anguish and pain and suffering where the Division has made a determination of an unlawful discriminatory practice in housing. The Speer case also raises the question of whether the State Division has the authority in such a case...

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