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HUMAN RIGHTS v. CORR. SERV.

61 A.D.2d 25 (1978)

State Division of Human Rights on Complaint of Frances E. Cox, Petitioner, v. New York State Department of Correctional Services, Respondent

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

January 20, 1978

Attorney(s) appearing for the Case

Emmelyn Logan Baldwin for petitioner.

Ann Thatcher Anderson for State Division of Human Rights.

Victor Zuckerman for respondent.

MARSH, P. J., CARDAMONE, SIMONS and DENMAN, JJ., concur.

HANCOCK, JR. J.

In this proceeding pursuant to section 298 of the Executive Law we hold, following our decision in New York State Div. of Human Rights v New York-Pennsylvania Professional Baseball League (36 A.D.2d 364, affd 29 N.Y.2d 921), that sexual identity is not a "bona fide occupational...

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