Mount Vernon Housing Authority v. White

Appellate Division of the Supreme Court of New York

Mount Vernon Housing Authority v. White

201 A.D.2d 566, 609 N.Y.S.2d 810

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

DecidedFebruary 14, 1994

StatusPublished

This text of 201 A.D.2d 566 (Mount Vernon Housing Authority v. White) 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

Mount Vernon Housing Authority v. White, 201 A.D.2d 566, 609 N.Y.S.2d 810 (N.Y. Ct. App. 1994).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Division of Human Rights, dated October 3, 1988, which, inter alia, found that the petitioner had unlawfully discriminated against the complainants and awarded each of them $2,000 for mental anguish and humiliation.

Adjudged that the petition is granted, as a matter of discretion, without costs or disbursements, to the extent that the determination is annulled, the proceeding is otherwise dismissed, and the matter is remitted to the Commissioner of the New York State Division of Human Rights for further proceedings in accordance herewith.

We find that the Commissioner of the New York State Division of Human Rights improvidently determined, upon an [567]*567incomplete record, that the petitioner had discriminated against the complainant. Specifically, the petitioner was not accorded a proper opportunity to submit evidence in its defense at the reopened hearing. Therefore the Commissioner should direct further hearing sessions for the taking of additional evidence pursuant to 9 NYCRR 465.10 (k).

We find no merit to the petitioner’s remaining contentions. Bracken, J. P., Rosenblatt, Copertino and Hart, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Division of Human Rights, dated October 3, 1988, which, inter alia, found that the petitioner had unlawfully discriminated against the complainants and awarded each of them $2,000 for mental anguish and humiliation.

Adjudged that the petition is granted, as a matter of discretion, without costs or disbursements, to the extent that the determination is annulled, the proceeding is otherwise dismissed, and the matter is remitted to the Commissioner of the New York State Division of Human Rights for further proceedings in accordance herewith.

We find that the Commissioner of the New York State Division of Human Rights improvidently determined, upon an [567]*567incomplete record, that the petitioner had discriminated against the complainant. Specifically, the petitioner was not accorded a proper opportunity to submit evidence in its defense at the reopened hearing. Therefore the Commissioner should direct further hearing sessions for the taking of additional evidence pursuant to 9 NYCRR 465.10 (k).

We find no merit to the petitioner’s remaining contentions. Bracken, J. P., Rosenblatt, Copertino and Hart, JJ., concur.

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Bluebook (online)

201 A.D.2d 566, 609 N.Y.S.2d 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mount-vernon-housing-authority-v-white-nyappdiv-1994.