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LIBERTY MUT. INS. CO. v. STATE DIV. OF HUMAN RIGHTS

61 A.D.2d 822 (1978)

Liberty Mutual Insurance Company, Petitioner, v. State Division of Human Rights, Respondent

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

February 21, 1978

Determination confirmed and proceeding dismissed, without costs or disbursements.

The disallowance of pregnancy-related disability benefits violated section 296 (subd 1, par [a]) of the Executive Law (see Brooklyn Union Gas Co. v New York State Human Rights Appeal Bd., 41 N.Y.2d 84). Petitioner's claim that the Employee Retirement Income Security Act (ERISA) (US Code, tit 29, § 1001 et seq.) pre-empted the Division...

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