Opinion
January 31, 1992
Appeal from the Supreme Court, Erie County, Francis, J.
Present — Denman, P.J., Pine, Balio, Lawton and Davis, JJ.
Case held, decision reserved and matter remitted to Commissioner of New York State Division of Human Rights for further proceedings, in accordance with the following Memorandum: We find that the determinations that petitioner discriminated against complainants based on their race on March 9, 1989 are supported by substantial evidence (see generally, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179-180). However, the Commissioner's decisions fail to set forth the rationale for ordering damages for embarrassment, hurt and public humiliation in the amount of $10,000 each for four of the complainants and $7,500 for the fifth. The propriety of such damages was established in Batavia Lodge No. 196 v. New York State Div. of Human Rights ( 35 N.Y.2d 143) and an award of $250 to each claimant was held not to be "unreasonably large under the circumstances" (Batavia Lodge No. 196 v. New York State Div. of Human Rights, supra, at 147). While we recognize that inflation has occurred since Batavia Lodge was decided in 1974, the absence of any rationale in the decision for the particular amounts awarded makes meaningful appellate review impossible (see, Matter of New York City Tr. Auth. v. State Div. of Human Rights, 78 N.Y.2d 207, 219). Thus, we remit the matter to the Commissioner of the Division of Human Rights for findings supporting the amounts awarded.