MATTER OF NEW YORK STATE OFFICE OF MENTAL RETARDATION & DEVELOPMENTAL DISABILITIES v. NEW YORK STATE DIV. OF HUMAN RIGHTS


78 N.Y.2d 987 (1991)

In the Matter of New York State Office of Mental Retardation and Developmental Disabilities, Respondent, v. New York State Division of Human Rights, Appellant, and Peter Ramos, Complainant.

Court of Appeals of the State of New York.

Decided September 12, 1991.


Attorney(s) appearing for the Case

Rosamond Prosterman and Lawrence Kunin for appellant.

Robert J. Foody and Paul R. Kietzman for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.


On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment reversed, with costs, for the reasons stated in the dissenting memorandum by Presiding Justice A. Franklin Mahoney insofar as it addresses the issue of substantial evidence to support the Commissioner's finding of employment discrimination (168 A.D.2d 714, 716-717), and the matter...

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