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Matter of State Div. of Human Rights v. Glick

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1970
35 A.D.2d 738 (N.Y. App. Div. 1970)

Opinion

October 26, 1970


Proceeding pursuant to section 298 Exec. of the Executive Law to enforce an order of the State Human Rights Appeal Board, dated April 2, 1970, which modified and affirmed as modified an order of the State Division of Human Rights, dated September 2, 1969, finding respondents guilty of racial discrimination in housing. Petition granted to the extent that (1) the order of the Appeal Board is modified, on the law, by adding thereto a provision that the order of the Division of Human Rights is further modified by striking therefrom the last two sentences of subdivision (c) of the second decretal paragraph and (2) respondents are directed to comply with the order of the Appeal Board as modified herein, without costs. We find that the last two sentences of subdivision (c) of the second decretal paragraph of the division's order, which grant a preference to those persons who shall be referred by the Ossining Opportunity Center, are in conflict with the State's public policy to assure every individual an "equal opportunity" in respect of housing (Executive Law, § 290, subd. 3; Malcolm Cornell, Inc. v. State Div. of Human Rights, 35 A.D.2d 730; Matter of Miles v. New York State Div. of Human Rights, 35 A.D.2d 673; Alden House v. State Div. of Human Rights, 35 A.D.2d 563; Center Mgt. Co. v. State Div. of Human Rights, 34 A.D.2d 637. Hopkins, Acting P.J., Latham, Kleinfeld and Brennan, JJ., concur. Benjamin, J., concurs under the constraint of the decisions cited herein.


Summaries of

Matter of State Div. of Human Rights v. Glick

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1970
35 A.D.2d 738 (N.Y. App. Div. 1970)
Case details for

Matter of State Div. of Human Rights v. Glick

Case Details

Full title:In the Matter of STATE DIVISION OF HUMAN RIGHTS, Petitioner, v. SOLOMON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 26, 1970

Citations

35 A.D.2d 738 (N.Y. App. Div. 1970)

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