Grumman Aerospace Corp. v. New York State Human Rights Appeal Board

Appellate Division of the Supreme Court of New York

Grumman Aerospace Corp. v. New York State Human Rights Appeal Board

54 A.D.2d 958, 388 N.Y.S.2d 640, 1976 N.Y. App. Div. LEXIS 14869

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

DecidedNovember 22, 1976

StatusPublished

Cited by2 cases

This text of 54 A.D.2d 958 (Grumman Aerospace Corp. v. New York State Human Rights Appeal Board) 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

Grumman Aerospace Corp. v. New York State Human Rights Appeal Board, 54 A.D.2d 958, 388 N.Y.S.2d 640, 1976 N.Y. App. Div. LEXIS 14869 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated June 25, 1976, which (1) vacated an order of the State Division of Human Rights, dated January 20, 1976, which dismissed the complaint upon a finding of no probable cause and (2) remanded the matter to the division for further investigation. Order of the appeal board annulled, on the law, and order of the division reinstated and confirmed, without costs or disbursements. The appeal board erred in vacating the division’s order dismissing the complaint (see Executive Law, § 297-a, subd 7). The record, considered as a whole, clearly justified the division’s finding of no probable cause. In vacating the division’s order and remanding the matter for further investigation, the appeal board impermissibly exceeded the limited scope of its review and substituted its own judgment for that of the division (see Long Is. R. R. Co. v New York State Div. of Human Rights, 50 AD2d 900; Matter of Pepsi-Cola Metropolitan Bottling Co. v State Human Rights Appeal Bd., 42 AD2d 760; Wyckoff Hgts. Hosp. v State Div. of Human Rights, 38 AD2d 596). Latham, Acting P. J., Margett, Titone and Mollen, 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 June 25, 1976, which (1) vacated an order of the State Division of Human Rights, dated January 20, 1976, which dismissed the complaint upon a finding of no probable cause and (2) remanded the matter to the division for further investigation. Order of the appeal board annulled, on the law, and order of the division reinstated and confirmed, without costs or disbursements. The appeal board erred in vacating the division’s order dismissing the complaint (see Executive Law, § 297-a, subd 7). The record, considered as a whole, clearly justified the division’s finding of no probable cause. In vacating the division’s order and remanding the matter for further investigation, the appeal board impermissibly exceeded the limited scope of its review and substituted its own judgment for that of the division (see Long Is. R. R. Co. v New York State Div. of Human Rights, 50 AD2d 900; Matter of Pepsi-Cola Metropolitan Bottling Co. v State Human Rights Appeal Bd., 42 AD2d 760; Wyckoff Hgts. Hosp. v State Div. of Human Rights, 38 AD2d 596). Latham, Acting P. J., Margett, Titone and Mollen, JJ., concur.

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Bluebook (online)

54 A.D.2d 958, 388 N.Y.S.2d 640, 1976 N.Y. App. Div. LEXIS 14869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grumman-aerospace-corp-v-new-york-state-human-rights-appeal-board-nyappdiv-1976.

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