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SO. AFRICAN AIR. v. N. Y. DIV. HUMAN RTS.

64 Misc.2d 707 (1970)

In the Matter of South African Airways, Petitioner, v. New York State Division of Human Rights et al., Respondents. Louis J. Lefkowitz, Attorney-General of the State of New York, Intervening Respondent.

Supreme Court, Special Term, New York County.

November 9, 1970

Attorney(s) appearing for the Case

Kreindler & Kreindler (Stanley J. Levy and David Goldstein of counsel) and Covington & Burling (Brice M. Clagett and Peter D. Trooboff of counsel), for petitioner. Henry Spitz and Harry Starr for respondents. Louis J. Lefkowitz, Attorney-General (Dominick J. Tuminaro of counsel), intervening respondent.

ARNOLD L. FEIN, J.

This is a special proceeding for a judgment prohibiting respondent from holding a hearing, on the ground that it would be exceeding its jurisdiction (CPLR 7803, subd. 2). Respondent contends that the question of jurisdiction is properly to be raised before the hearing officer, and that the extraordinary relief of prohibition should be denied because (1) petitioner will not be damaged by the...

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