Majority
—Proceeding pursuant to Executive Law § 298 to review an order of the State Division of Human Rights, dated June 16, 1993, which adopted, with modifications, the recommendation of the Administrative Law Judge, made after a hearing, finding that the petitioners had unlawfully discriminated against Hugh DeLeon and Angela DeLeon, and awarded Hugh DeLeon compensatory and punitive damages in the amount of $21,120 and Angela DeLeon compensatory and punitive damages in the amount of $15,000.
Adjudged that the petition is granted, on the law and the facts, with costs, and the determination is annulled.
It is axiomatic that a finding of discrimination by the Commissioner of the State Division of Human Rights must be confirmed if it is supported by substantial evidence on the record (see, Matter of State Div. of Human Rights v County of
Bracken, J. P., dissents and votes to reverse with the following memoradum: The Commissioner’s determination is supported by substantial evidence.
Cases cited
- State Division of Human Rights v. County of Onondaga Sheriff's Department 71 NY2d 623 p. 746
- State Division of Human Rights v. Bystricky 30 NY2d 322 p. 746
- State Commission for Human Rights v. Callan 57 Misc 2d 504 p. 746
- State Commission for Human Rights v. Kennelly 30 AD2d 310 p. 746
- State Commission for Human Rights v. Kennelly 23 NY2d 722 p. 746
- Pace College v. Commission on Human Rights 38 NY2d 28 p. 746