Babey-Brooke v. Board of Higher Education

Appellate Division of the Supreme Court of New York

Babey-Brooke v. Board of Higher Education

66 A.D.2d 831, 411 N.Y.S.2d 867, 1978 N.Y. App. Div. LEXIS 14164

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 26, 1978

StatusPublished

This text of 66 A.D.2d 831 (Babey-Brooke v. Board of Higher Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Babey-Brooke v. Board of Higher Education, 66 A.D.2d 831, 411 N.Y.S.2d 867, 1978 N.Y. App. Div. LEXIS 14164 (N.Y. Ct. App. 1978).

Pincite

Opinion

Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated August 2, 1978, which dismissed petitioner’s appeal from an order of the State Division of Human Rights, which, after a hearing, dismissed the petitioner’s complaint upon a finding of no probable cause. Order confirmed and proceeding dismissed, without costs or disbursements. We conclude that the determination of the commissioner of the State division, dismissing petitioner’s complaint on the merits, was based upon substantial evidence. Under the circumstances, it is not necessary to reach the procedural question involving the five-month delay by the State division in submitting the record to the State Human Rights Appeal Board. Shapiro, J. P., Cohalan, Margett and O’Connor, JJ., concur.

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Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated August 2, 1978, which dismissed petitioner’s appeal from an order of the State Division of Human Rights, which, after a hearing, dismissed the petitioner’s complaint upon a finding of no probable cause. Order confirmed and proceeding dismissed, without costs or disbursements. We conclude that the determination of the commissioner of the State division, dismissing petitioner’s complaint on the merits, was based upon substantial evidence. Under the circumstances, it is not necessary to reach the procedural question involving the five-month delay by the State division in submitting the record to the State Human Rights Appeal Board. Shapiro, J. P., Cohalan, Margett and O’Connor, JJ., concur.

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Bluebook (online)

66 A.D.2d 831, 411 N.Y.S.2d 867, 1978 N.Y. App. Div. LEXIS 14164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babey-brooke-v-board-of-higher-education-nyappdiv-1978.