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  5. 37 N.Y.2d 721 (1975)
 

LONG ISLAND RAIL RD. CO. v. NEW YORK STATE DIV. OF HUMAN RIGHTS

37 N.Y.2d 721 (1975)

Long Island Rail Road Company et al., Respondents, v. New York State Division of Human Rights, Respondent, and Marshall M. Jackson, Appellant.

Court of Appeals of the State of New York.

Decided June 24, 1975.

Attorney(s) appearing for the Case

Marilyn J. Holifield and Jack Greenberg for appellant.

Richard H. Stokes, George M. Onken and Laurence H. Rubin for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The Division of Human Rights found that the railroad had discriminated against the complainant because of his race and color, in violation of the Human Rights Law, and made an order accordingly. The Appeal Board affirmed. On review the Appellate Division determined that the record contained no substantial evidence to support any inference of unlawful discrimination, i.e., that there was not sufficient evidence on the record as a whole to support the

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