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MTR. DIV. OF HUMAN RIGHTS (GRANELLE)

118 A.D.2d 3 (1986)

In the Matter of State Division of Human Rights, on Complaint of Peter Granelle City of New York et al., Petitioners, v. State Division of Human Rights, on Complaint of Peter Granelle, Respondent

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

June 17, 1986

Attorney(s) appearing for the Case

Edward F. X. Hart of counsel (Leonard Koerner and Patricia A. O'Malley with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for petitioners.

Anton Antomattei of counsel (Margarita Rosa, attorney), for respondent.

SULLIVAN and ROSS, JJ., concur with ROSENBERGER, J.; KUPFERMAN, J. P., and ELLERIN, J., dissent in an opinion by ELLERIN, J.

ROSENBERGER, J.

This appeal involves an apparent conflict between Civil Service Law § 50 (4) (b) and two provisions of the Executive Law (Human Rights Law) § 292 (21) and § 296 (1), as to whether a statistical probability of future disability may be considered in determining qualification for employment as a police officer. Complainant Peter Granelle was a candidate for appointment to the New York...

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