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STATE DIV. OF HUMAN RIGHTS v. AM. CAN CO.

78 A.D.2d 1005 (1980)

State Division of Human Rights, on the Complaint of Gerald Johnson, Petitioner, v. American Can Company, Respondent

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

November 13, 1980

Determination unanimously confirmed, without costs.

Memorandum:

The Human Rights Appeal Board, without reaching the merits, dismissed petitioner's appeal from the division's order of no probable cause because the appeal board found the division delayed more than 180 days in investigating and determining his complaint of unlawful discrimination (see Executive Law, § 297, subd 2). All the parties to this proceeding concede, and we agree, that the statutory...

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