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MATTER OF STATE DIV. OF HUMAN RIGHTS v. AVERILL PARK CENT. SCH. DIST.

46 N.Y.2d 950 (1979)

In the Matter of State Division of Human Rights, Appellant, v. Averill Park Central School District, Respondent.

Court of Appeals of the State of New York.

Decided March 20, 1979.

Attorney(s) appearing for the Case

Ann Thacher Anderson for appellant.

Morton D. Shulman for respondent.

Concur: Judges JASEN, GABRIELLI, JONES and WACHTLER. Judge FUCHSBERG dissents and votes to reverse in an opinion in which Chief Judge COOKE concurs.

Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice JOHN L. LARKIN at the Appellate Division (59 A.D.2d 449).

FUCHSBERG, J. (dissenting).

We are here called upon to construe so much of the Human Rights Law as prohibits an employer from discriminating against any individual by reason of a disability unrelated to his employment (Executive Law, § 292, subd 21). A subsidiary question...

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