Avis, Inc. v. New York State Human Rights Appeal Board

Appellate Division of the Supreme Court of New York

Avis, Inc. v. New York State Human Rights Appeal Board

50 A.D.2d 982, 376 N.Y.S.2d 915, 1975 N.Y. App. Div. LEXIS 11950

Appellate Division of the Supreme Court of the State of New York·Decided December 16, 1975·Published

Opinion

— Proceeding, pursuant to section 298 of the Executive Law, to review an order of the State Human Rights Appeal Board dated June 30, 1975 which vacated a determination of the State Division of Human Rights dismissing the complaint on a finding of no probable cause and remanded for further proceedings. Petition granted, without costs, order of the State Human Rights Appeal Board annulled and order of the State Division of Human Rights reinstated. In our opinion, the appeal board erred in determining that the division’s order was arbitrary and capricious (Executive Law, § 297-a, subd 7) and we find that dismissal of the complaint was proper for the reasons expressed in the determination of the division dated August 16, 1974. Sweeney, J. P., Kane, Main, Larkin and Reynolds, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— Proceeding, pursuant to section 298 of the Executive Law, to review an order of the State Human Rights Appeal Board dated June 30, 1975 which vacated a determination of the State Division of Human Rights dismissing the complaint on a finding of no probable cause and remanded for further proceedings. Petition granted, without costs, order of the State Human Rights Appeal Board annulled and order of the State Division of Human Rights reinstated. In our opinion, the appeal board erred in determining that the division’s order was arbitrary and capricious (Executive Law, § 297-a, subd 7) and we find that dismissal of the complaint was proper for the reasons expressed in the determination of the division dated August 16, 1974. Sweeney, J. P., Kane, Main, Larkin and Reynolds, JJ., concur.

Avis, Inc. v. New York State Human Rights Appeal Board, 50 A.D.2d 982, 376 N.Y.S.2d 915, 1975 N.Y. App. Div. LEXIS 11950 (N.Y. Ct. App. 1975).

Pincite

50 A.D.2d 982 (Avis, Inc. v. New York State Human Rights Appeal Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.