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BKLYN. GAS v. HUMAN RIGHTS

50 A.D.2d 381 (1975)

Brooklyn Union Gas Company, Petitioner, v. New York State Human Rights Appeal Board et al., Respondents

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

December 31, 1975

Attorney(s) appearing for the Case

Cullen & Dykman (John E. Murphy of counsel), for petitioner.

Henry Spitz (Ann Thacher Anderson of counsel), for State Division of Human Rights, respondent.

Proskauer Rose Goetz & Mendelsohn (Morton M. Maneker, Edward Silver, Sara S. Portnoy and Stephen E. Tisman of counsel), for American Airlines, Inc. (and 15 other corporations), amici curiae.

MARGETT, J., dissents and votes to deny the motion to vacate and to grant the cross motion for confirmation, with an opinion, in which SHAPIRO, J., concurs.

COHALAN, J.

The main issue raised by this proceeding is whether the petitioner, a private employer, is obligated to provide the same benefits for pregnancy-related disabilities as are granted for other temporary disabilities, despite the exclusion of pregnancy-related disabilities in the Disability Benefits Law (Workmen's Compensation Law, art 9) and in the Employee Benefit Plan of the petitioner. As interpreted...

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