Opinion
July 27, 1970
Proceeding pursuant to section 298 Exec. of the Executive Law to review an order of the State Human Rights Appeal Board dated February 18, 1970, which affirmed an order of the Commissioner of the State Division of Human Rights dated September 23, 1969, directing petitioners (1) to cease and desist from denying membership in the Hempstead Volunteer Fire Department and from expelling or discriminating against any member thereof because of race, creed, color, or national origin; (2) to appoint three of the complainants to the said Volunteer Fire Department; and (3) to maintain a file of all applicants and reasons for any rejection. The Division of Human Rights cross-moves to enforce the Commissioner's order. Petition dismissed on the merits and cross motion granted, without costs. We have considered the merits of the Division of Human Rights' order even though it has argued that petitioners did not timely file their petition and notice seeking review and that they are therefore barred from collaterally attacking the cross motion to enforce its order. We do not think that the 30-day statutory period of limitation in section 298 Exec. of the Executive Law was intended to mean that we are without jurisdiction to examine the merits of the division's order when the division seeks from us affirmative court action in the form of an enforcement order. Christ, P.J., Rabin, Hopkins, Munder and Benjamin, JJ., concur.