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Rosenblum-Wertheim v. New York State Division of Human Rights

Appellate Division of the Supreme Court of New York, First Department
Mar 14, 1995
213 A.D.2d 231 (N.Y. App. Div. 1995)

Opinion

March 14, 1995

Appeal from the Supreme Court, New York County [William P. McCooe, J.].


Our result here rests upon the decision in Matter of General Motors Corp. v. Rosa ( 82 N.Y.2d 183), where in similar circumstances, the Court of Appeals held that the same respondent, Commissioner Rosa, erred in issuing the final determination in that case because she had also served as Division General Counsel during the investigatory phase of the case, and the two roles were incompatible.

Such error notwithstanding, were we to reach the merits of this matter, we would find that the Division's determination herein was sustained by substantial evidence (300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179).

Concur — Sullivan, J.P., Ellerin, Rubin and Williams, JJ.


Summaries of

Rosenblum-Wertheim v. New York State Division of Human Rights

Appellate Division of the Supreme Court of New York, First Department
Mar 14, 1995
213 A.D.2d 231 (N.Y. App. Div. 1995)
Case details for

Rosenblum-Wertheim v. New York State Division of Human Rights

Case Details

Full title:In the Matter of KAREN ROSENBLUM-WERTHEIM, Petitioner, v. NEW YORK STATE…

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

Date published: Mar 14, 1995

Citations

213 A.D.2d 231 (N.Y. App. Div. 1995)
624 N.Y.S.2d 813

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