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MATTER OF COOK v. MANGUM

38 A.D.2d 848 (1972)

In the Matter of Edward F. Cook, Petitioner, v. Robert J. Mangum, as Commissioner of The State Division of Human Rights, Respondent. (Proceeding No. 1.) In the Matter of Margaret B. Collins, Petitioner, v. Mae Smith, Complainant, and State Division of Human Rights et al., Respondents. (Proceeding No. 2.)

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

February 22, 1972

Petitions granted and said orders are annulled, on the law, without costs.

In our opinion, the findings of the State Division of Human Rights, as affirmed by the Human Rights Appeal Board, were not supported by sufficient evidence (Executive Law, § 298). The testimony at the hearings reveals that petitioner Mrs. Collins, a saleslady employed by petitioner Cook, a real estate agent, was aware that the complainant was black; and that, nevertheless, she not only...

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