New York Court of Appeals, 1977

Board of Education v. State Division of Human Rights

New York Court of Appeals · Decided June 9, 1977 · Fuchsberg

42 N.Y.2d 862; 366 N.E.2d 878; 397 N.Y.S.2d 791; 1977 N.Y. LEXIS 2186; 32 Fair Empl. Prac. Cas. (BNA) 1145

Cases that cite this one

18 later published cases cite this decision.

Tessy Plastics Corp. v. State Division of Human Rights (Appellate Division of the Supreme Court of New York 1978)
Louis Harris & Associates, Inc. v. deLeon (N.Y. 1994)
Perino v. Cohen (In re Cohen) (United States Bankruptcy Court, S.D. New York 1988)
Avon Products, Inc. v. State Division of Human Rights (New York Supreme Court 1988)
State Division of Human Rights v. Bethlehem Steel Corp. (Appellate Division of the Supreme Court of New York 1982)
J. W. Mays, Inc. v. New York State Human Rights Appeal Board (Appellate Division of the Supreme Court of New York 1981)
Sarkisian Bros. v. State Division of Human Rights (N.Y. 1979)
State Division of Human Rights v. Monroe County Department of Social Services (Appellate Division of the Supreme Court of New York 1979)
R. R. Bowker & Co. v. Kramarsky (Appellate Division of the Supreme Court of New York 1979)
Spica v. New York State Human Rights Appeal Board (Appellate Division of the Supreme Court of New York 1979)
Board of Education v. New York State Division of Human Rights (New York Supreme Court 1979)
State Division of Human Rights v. New York State Department of Correctional Services (Appellate Division of the Supreme Court of New York 1978)
State Division of Human Rights v. Gannett Co. (Appellate Division of the Supreme Court of New York 1978)
Sarkisian Brothers, Inc. v. State Division of Human Rights (Appellate Division of the Supreme Court of New York 1978)
General Railway Signal Co. v. New York State Division of Human Rights (New York Supreme Court 1978)
Genesee Hospital v. Kramarsky (New York Supreme Court 1978)
Grossman v. Rankin (N.Y. 1977)
State Division of Human Rights v. Board of Education of the School District of Niagara Falls (Appellate Division of the Supreme Court of New York 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. The order of the Appellate Division should be affirmed, with costs. We cannot say that the disposition by that court on this record was erroneous as a matter of law.

Dissenting Opinion

Fuchsberg, J. (dissenting).

The time limitations specified in section 297 (subd 2; subd 4, pars a, c) of the Executive Law for *863the performance of certain acts on the part of the State Division of Human Rights are for the benefit of complainants "and cannot be held to shelter those charged with violation of the statute” (Union Free School Dist. No. 6 v New York State Human Rights Appeal Bd., 35 NY2d 371, 381). Absent a showing of "substantial prejudice”, and in conformity with the realities of litigation, they are directory only and, therefore, failure to adhere to them should not invalidate a proceeding or otherwise terminate jurisdiction (ibid.; see, also, McKinney’s Cons Laws of NY, Book 1, Statutes, § 172).

Specifically, in this case the petitioner was not deprived of a fair hearing or otherwise substantially prejudiced. Nor, for that matter, is there even the slightest hint that the complainant by any conduct on her part had contributed to the delay.

Accordingly, the order of the Appellate Division should be reversed and the matter remitted to the Appellate Division to consider whether there is sufficient evidence to support the determination of the Human Rights Appeal Board.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, and Wachtler concur in memorandum; Judge Fuchsberg dissents and votes to reverse in a separate opinion in which Judge Cooke concurs.

Order affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.