MENTAL HYGIENE v. STATE DIV.


103 A.D.2d 546 (1984)

In the Matter of New York State Department of Mental Hygiene et al., Petitioners, v. State Division of Human Rights, on Complaint of Kevin P. Carey, et al., Respondents

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

October 29, 1984


Attorney(s) appearing for the Case

Frederic Block, P. C. (Regina Seltzer on the brief), for petitioners.

Roberto Albertorio (Robert N. Marx of counsel), for New York State Division of Human Rights, respondent.

GIBBONS and LAWRENCE, JJ., concur with TITONE, J. P.; MANGANO and O'CONNOR, JJ., dissent and vote to dismiss the petition, and grant the cross application for enforcement, with an opinion.


TITONE, J. P.

This is a proceeding brought pursuant to section 298 of the Executive Law seeking review of an order of the New York State Human Rights Appeal Board. That order affirmed a determination of the New York State Division of Human Rights, made after a hearing, finding that petitioners had violated former subdivision 14 (now subd 16) of section 296 of the Executive Law by terminating the complainant...

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