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  5. 38 A.D.2d 25 (1971)
 

DIV. HUMAN RTS. v. N.Y.C. DEPT. OF PARKS

38 A.D.2d 25 (1971)

State Division of Human Rights on the Complaint of Candy Callery, Complainant, v. New York City Department of Parks and Recreation, Respondent. New York City Department of Parks and Recreation, Petitioner

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

December 9, 1971.

Attorney(s) appearing for the Case

Howard Hertzberg of counsel (Henry Spitz, attorney), for State Division of Human Rights.

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Jesse J. Fine with him on the brief), attorney for petitioner.

MARKEWICH, J. P., MURPHY, McNALLY and TILZER, JJ., concur in Per Curiam opinion; KUPFERMAN, J., concurs in part and dissents in part in an opinion.

Per Curiam.

Petitioner, the New York City Department of Parks and Recreation, brings this proceeding pursuant to section 298 of the Executive Law, to vacate and set aside an order of the State Division of Human Rights made on March 27, 1971 as modified by the Human Rights Appeal Board by order dated May 21, 1971.

This proceeding was initiated upon complaint of Candy Callery, a female, who was denied employment...

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