HUMAN RIGHTS v. NYS DEPT.


90 A.D.2d 51 (1982)

State Division of Human Rights, on Complaint of Santo Geraci, Petitioner, v. New York State Department of Correctional Services et al., Respondents. (Proceeding No. 1.) State Division of Human Rights, on Complaint of Mitchell Greebel, Petitioner, v. New York State Parks and Recreation Commission, Respondent. (Proceeding No. 2.)

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

November 8, 1982


Attorney(s) appearing for the Case

Ann Thacher Anderson (Harry Starr of counsel), for petitioner in Proceeding No. 1.

Ramon J. Rodriguez (Michael Kernan of counsel), for New York State Department of Correctional Services, respondent in Proceeding No. 1.

Calvin M. Berger (John K. Dalton of counsel), for New York State Department of Audit and Control, respondent in Proceeding No. 1.

Ann Thacher Anderson (Elaine Berger of counsel), for petitioner in Proceeding No. 2.

Calvin M. Berger (John K. Dalton of counsel), for N. Y. S. Dept. of Audit and Control and Harvey Randall for N. Y. S. Dept. of Civil Service in Proceeding No. 2.

DAMIANI, J. P., TITONE, LAZER and GIBBONS, JJ., concur.


Per Curiam.

The core issue pressed upon this court by all the parties1 for decision is whether a money award against the State of New York can constitutionally be made by the Commissioner of Human Rights and enforced by the Appellate Division of the Supreme Court rather than by the Court of Claims. We answer in the affirmative.

In the first...

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