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TR AUTH v. HUMAN RIGHTS DIV.

211 A.D.2d 220 (1995)

In the Matter of New York City Transit Authority et al., Petitioners, v. State of New York, Executive Department, Division of Human Rights, et al., Respondents

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

June 1, 1995

Attorney(s) appearing for the Case

Evelyn Jonas of counsel, Brooklyn (Albert C. Cosenza, attorney), for New York City Transit Authority, petitioner.

Carl Rachlin of counsel, New York City (O'Donnell, Schwartz, Glanstein & Rosen, attorneys), for Transport Workers Union of America, AFL/CIO, Local 100, petitioner.

Mitchell A. Tyner, Silver Springs, Maryland, and Byers & Byers, New York City (Stafford H. Byers on the brief, attorneys), for Mary Myers, respondent.

Marc D. Stern, Steve Freeman and Dennis Rapps for The American Jewish Congress and others, amici curiae.

ASCH and NARDELLI, JJ., concur with WALLACH, J. P.; RUBIN and TOM, JJ., concur in a separate opinion by RUBIN, J.

WALLACH, J. P.

This proceeding challenges an administrative determination that petitioner Transit Authority (TA) unlawfully discriminated against complainant Mary Myers by failing to accommodate her observance of the Sabbath. The matter was transferred to this Court for disposition in the first instance, under Executive Law § 298 and 22 NYCRR 202.57 (c).

Myers is a Seventh Day Adventist who abstains...

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