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MATTER OF MOHAWK FINISHING PRODS., INC. v. STATE DIV. OF HUMAN RIGHTS

57 N.Y.2d 892 (1982)

In the Matter of Mohawk Finishing Products, Inc., Respondent, v. State Division of Human Rights et al., Appellants.

Court of Appeals of the State of New York.

Decided October 19, 1982.

Attorney(s) appearing for the Case

Sara Toll East and Ann Thacher Anderson for State Division of Human Rights, appellant.

Dennis B. Schlenker for Michele Cushing, appellant.

William E. Moore for respondent.

Judges JASEN, JONES and WACHTLER concur; Chief Judge COOKE concurs in result in a separate memorandum; Judge FUCHSBERG dissents and votes to reverse and remit the matter in an opinion; Judge MEYER dissents and votes to reverse and reinstate the determination of the State Human Rights Appeal Board in another opinion; Judge GABRIELLI taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It is not necessary for us on this appeal to decide what is the applicable standard for determining whether an employer has discriminated against an employee under our State statute because the employee opposed a practice forbidden under the Human Rights Law (Executive Law, § 296, subd 1...

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