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STATE DIV. OF HUMAN RIGHTS v. BYSTRICKY

36 A.D.2d 278 (1971)

In the Matter of State Division of Human Rights, Petitioner, v. Lillian J. Bystricky, Respondent

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

April 19, 1971.

Attorney(s) appearing for the Case

Henry Spitz and Harry Starr for petitioner.

Lillian J. Bystricky, respondent in person.

HERLIHY, P. J., and STALEY, JR., J., concur with SWEENEY, J.; REYNOLDS, J., concurs in a separate opinion; SIMONS, J., dissents, and votes to grant the application, in an opinion.

SWEENEY, J.

This is a proceeding initiated in the Appellate Division of the Supreme Court, Third Judicial Department, pursuant to section 298 of the Executive Law, to enforce an order of the Human Rights Appeal Board, dated July 24, 1970.

The Human Rights Appeal Board has affirmed a determination of the Commissioner of Human Rights ruling that respondent is guilty of an unlawful discriminatory practice...

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