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STATE DIV. OF HUMAN RIGHTS v. COMM'R OF NEW YORK STATE DEP'T OF CIVIL SERV.

57 A.D.2d 699 (1977)

State Division of Human Rights, Petitioner, v. Commissioner of New York State Department of Civil Service et al., Respondents

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

April 7, 1977

Determination unanimously annulled, without costs, and matter remitted to State Human Rights Appeal Board.

Memorandum:

The State Human Rights Appeal Board dismissed the appeal of Mary K. Davey, petitioner, holding that it had been divested of its jurisdiction to determine the appeal on the merits because petitioner had instituted an article 78 proceeding. Petitioner is a hearing officer employed by the New York State Department of Social Services. She filed...

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