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MATTER OF PEPSI-COLA METRO. BOTTLING CO., INC. v. STATE HUMAN RIGHTS APPEAL BD.

42 A.D.2d 760 (1973)

In the Matter of Pepsi-Cola Metropolitan Bottling Co., Inc., et al., Petitioners, v. State Human Rights Appeal Board, Respondent

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

July 23, 1973

Order of the Appeal Board annulled, on the law, and order of the division reinstated and confirmed, without costs.

In our view, the Appeal Board erred in determining that the Division's order dismissing the complaint on a finding of no probable cause was arbitrary, capricious and an abuse of discretion (Executive Law, § 297-a, subd. 7). The complaint charged petitioners with unlawfully terminating the complainant's employment in retaliation for previous complaints...

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