B.E. v. N.Y. STATE DIV. OF HUMAN RIGHTS, 35 N.Y.2d 677 (1974)

360 N.Y.S.2d 888, 319 N.E.2d 203

BOARD OF EDUCATION OF UNION FREE SCHOOL DISTRICT NO. 22, TOWNS OF OYSTER BAY AND BABYLON et al., Appellants, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

Court of Appeals of the State of New York.Argued September 10, 1974
Decided October 7, 1974

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Page 678

Kendrick C. Smith for appellants.

Ann Thacher Anderson and Henry Spitz for respondents.

Appeal from so much of the order of the Appellate Division as confirmed the determination as to complainant Cyla Allison and remanded the matter to the State Division of Human Rights as to said complainant dismissed, with costs, for nonfinality and in the absence of leave granted by the Court of Appeals (CPLR 5602, subd. [a], par. 2); order in all other respects affirmed, with costs. (See opinion by Mr. Justice JAMES D. HOPKINS at the Appellate Division in Board of Educ. of Union Free School Dist.

Page 679

No. 2, East Williston v. New York State Div. of Human Rights, 42 A.D.2d 49, affd. 35 N.Y.2d 674; see, also, Cleveland Bd. of Educ. v. LaFleur, 414 U.S. 632.)

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN, STEVENS and WITMER.[*]

[*] Designated pursuant to section 2 of article VI of the State Constitution.

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