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TOWN OF BAY v. KIRKLAND

2009-11092, 2010-02720.

81 A.D.3d 812 (2011)

917 N.Y.S.2d 236

TOWN OF OYSTER BAY, Appellant, v. GALEN D. KIRKLAND, as Commissioner of the New York State Division of Human Rights, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 8, 2011.

Ordered that the judgment is modified, on the law, by adding thereto provisions declaring that the New York State Division of Human Rights acted within its authority in initiating the administrative complaint on its own and that Executive Law § 295 (6) (a) and (b) are not collectively unconstitutional; as so modified, the judgment is affirmed; and it is further,

Ordered that the order dated February 9, 2010, is affirmed insofar as appealed from; and it is further...

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