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  5. 36 A.D.2d 364 (1971)
 

DIV. OF HUMAN RGTS. v. N. Y. PENN. BASEBALL

36 A.D.2d 364 (1971)

New York State Division of Human Rights, on Complaint of Bernice Gera, Respondent, v. New York-Pennsylvania Professional Baseball League et al., Petitioners

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

April 27, 1971.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine (George S. Leisure, Jr., of counsel), for National Association of Professional Baseball Leagues and another, petitioners.

Robert E. Walsh (George S. Leisure, Jr., of counsel), for New York-Pennsylvania Professional Baseball League and another, petitioners.

Mario Biaggi for respondent.

Henry Spitz (Alan J. Saks of counsel), for State Division of Human Rights.

GOLDMAN, P. J., and WITMER, J., concur with MARSH, J.; GABRIELLI and CARDAMONE, JJ., dissent and vote to reverse and to dismiss the complaint, in separate opinions.

MARSH, J.

Petitioners, New York-Pennsylvania Professional Baseball League and Vincent McNamara, its president, and the National Association of Professional Baseball Leagues and Phillip Piton, its president, in a proceeding pursuant to section 298 of the Eexcutive Law, seek review and reversal of the decisions and orders entered by the Commissioner of the State Division of Human Rights and the Human Rights Appeal...

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