SARKISIAN BROS. v. HUMAN RIGHTS


62 A.D.2d 310 (1978)

In the Matter of Sarkisian Brothers, Inc., Petitioner, v. State Division of Human Rights, Respondent

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

May 11, 1978


Attorney(s) appearing for the Case

Night, Keller, O'Connor, Ball & McDonough (Kevin F. McDonough of counsel), for petitioner.

Ann Thacher Anderson (Lawrence Kunin of counsel), for respondent.

SWEENEY, J. P., MAIN and MIKOLL, JJ., concur.


LARKIN, J.

Complainant, Sherman W. Mitchell, Sr., began employment with petitioner on July 1, 1974. At that time he was 59 years old and the only Black general laborer employed by petitioner. After several short layoffs, Mitchell was laid off on September 18, 1974. Dissatisfied with the reason given — that the machinery he was working with was being moved to another job site — Mitchell filed a complaint...

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