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MTR OF ALVAREZ v. SCHWARZ

130 Misc.2d 692 (1985)

In the Matter of Brenda Alvarez, Petitioner, v. Frederick A. O. Schwarz, Jr., as Corporation Counsel of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

December 31, 1985

Attorney(s) appearing for the Case

Kathleen Peratis, P. C., for petitioner. Frederick A. O. Schwarz, Jr., Corporation Counsel (Dennis de Leon, Gabriel Taussig and Julian Bazel of counsel), for Marcella Maxwell, as Chairperson of New York City Commission on Human Rights and another, respondents. Paul, Weiss, Rifkind, Wharton & Garrison (Edward N. Costikyan and Gerard E. Harper of counsel), for Frederick A. O. Schwarz, Jr., as Corporation Counsel of the City of New York, respondent.

DAVID B. SAXE, J.

The principal issue that I must resolve in connection with this extraordinary application is whether the New York City Commission on Human Rights (NYCCHR) may vacate or modify its prior order (even after it has been judicially affirmed) when it is learned that the complaining witness lied at the hearing before the Commission and submitted into evidence a forged document.

A...

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