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STATE DIV. OF HUMAN RIGHTS v. CARNATION CO.

42 N.Y.2d 873 (1977)

State Division of Human Rights, Appellant, v. Carnation Company et al., Respondents.

Court of Appeals of the State of New York.

Decided June 7, 1977.

Attorney(s) appearing for the Case

Alan J. Saks and Beverly Gross for State Division of Human Rights, appellant.

A. Terry Van Houten, Warren L. Johns, Walter E. Carson and James A. Spitz, Jr., for Daryl Clarke, appellant.

H. Kenneth Schroeder, Jr., for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur; Judge JASEN dissents and votes to affirm on the memorandum at the Appellate Division ().

MEMORANDUM.

Order of the Appellate Division reversed, order of the Human Rights Appeal Board reinstated, and the case remitted to the Division of Human Rights for an evidentiary hearing. Section 296 (subd 10, par [a]) of the Executive Law prohibits discrimination in employment based on a person's "observance of any particular day or days or any portion thereof as a sabbath or other holy day in accordance with the requirements...

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