DRUG ABUSE v. HUMAN RIGHTS


48 N.Y.2d 276 (1979)

State Office of Drug Abuse Services et al., Respondents, v. State Human Rights Appeal Board, Respondent, and James Gresham, Appellant.

Court of Appeals of the State of New York.

Decided November 15, 1979.


Attorney(s) appearing for the Case

Gregg L. Fishman and Lawrence E. Pierce for appellant.

Arthur A. Seif and Douglas A. Eldridge for State Office of Drug Abuse Services, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.


FUCHSBERG, J.

In a proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, we are called upon to decide the recurring threshold issue whether judicial review is available to a party aggrieved by a nonfinal order of the board. Since we hold that it is, we must also determine whether the board, within the scope of its own powers of review as governed by...

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