SCHENECTADY v. STATE DIV.


37 N.Y.2d 421 (1975)

City of Schenectady et al., Respondents, v. State Division of Human Rights, Appellant, and Schenectady Patrolmen's Benevolent Association, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1975.


Attorney(s) appearing for the Case

Ann Thacher Anderson and Henry Spitz for appellant.

Rosario Negri, Corporation Counsel (Thomas B. Hayner of counsel), for respondents.

Chief Judge BREITEL and Judges JONES, WACHTLER and FUCHSBERG concur with Judge COOKE; Judge JASEN dissents and votes to affirm in a separate opinion in which Judge GABRIELLI concurs.


COOKE, J.

The question in issue on this appeal is whether there was substantial evidence to sustain the determination of the Commissioner of the State Division of Human Rights, as to discriminatory action by respondents City of Schenectady, the City of Schenectady Department of Police and the Chief of Police thereof. The complainant, a woman, had the right to be considered for appointment to the position of police...

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