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TESSY PLASTICS v. HUMAN RIGHTS

62 A.D.2d 36 (1978)

In the Matter of Tessy Plastics Corporation, Respondent, v. State Division of Human Rights, Appellant

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

April 14, 1978

Attorney(s) appearing for the Case

Ann Thacher Anderson (Elaine Berger of counsel), for appellant.

Roger Scott (Kenneth Bobrycki of counsel), for respondent.

CARDAMONE, DILLON and HANCOCK, JR., JJ., concur with SIMONS, J.; MOULE, J. P., dissents and votes to affirm the order in an opinion.

SIMONS, J.

On April 5, 1976 Nancy Smith filed a complaint with the State Division of Human Rights alleging that petitioner had unlawfully discriminated against her in her employment because of her age and her sex. Petitioner was notified of the complaint the next day. The division investigated the charges and on November 26, 1976 it notified petitioner that the age discrimination charge had been withdrawn but...

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