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CITY OF NEW YORK v. COLE

48 N.Y.2d 707 (1979)

City of New York et al., Appellants, v. Thomas Cole et al., Respondents.

Court of Appeals of the State of New York.

Decided October 18, 1979.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and L. Kevin Sheridan of counsel), for appellants.

Harry Starr and Ann Thacher Anderson for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the petition to annul the determination of the State Human Rights Appeal Board granted and the cross petition for enforcement dismissed.

Respondent State Division of Human Rights erred as a matter of law in determining that petitioner New York City Department of Social Services violated the Human Rights Law by unlawfully discriminating...

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