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MATTER OF CAHILL v. ROSA

89 N.Y.2d 14 (1996)

674 N.E.2d 274

651 N.Y.S.2d 344

In the Matter of Dennis W. Cahill, Respondent, v. Margarita Rosa, as Commissioner of the State Division of Human Rights, Appellant. In the Matter of Lloyd M. Lasser et al., Respondents, v. Margarita Rosa, as Commissioner of the State Division of Human Rights, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1996.

Attorney(s) appearing for the Case

Michael K. Swirsky, New York City, and Lawrence Kunin for appellant in the first above-entitled proceeding.

Barry V. Pittman, Bay Shore, for respondent in the first above-entitled proceeding.

Patterson, Belknap, Webb & Tyler LLP, New York City (Robert W. Lehrburger and David M. Levin of counsel), Marc E. Elovitz, Matthew Coles, Ruth E. Harlow, Christopher Dunn and Norman Siegel for Disability Rights Education and Defense Fund, Inc., and others, amici curiae in the first above-entitled proceeding.

Michael K. Swirsky, New York City, and Lawrence Kunin for appellant in the second above-entitled proceeding.

Robert Irving Miller, Jr., Poughkeepsie, and James A. Steinberg for respondents in the second above-entitled proceeding.

Lance R. Plunkett, Albany, for The Dental Society of the State of New York, amicus curiae in the first and second above-entitled proceedings.

Chief Judge KAYE and Judges SMITH and CIPARICK concur with Judge SIMONS; Judge LEVINE dissents and votes to affirm in a separate opinion in which Judges TITONE and BELLACOSA concur.

SIMONS, J.

In separate proceedings, petitioners, dentists in private practice, have been found guilty of an unlawful discriminatory practice because they failed to treat patients who were known or suspected to be HIV positive. The question presented is whether private dental offices are "place[s] of public accommodation" within the definition of the Human Rights Law and subject to its provisions (see, Executive...

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