Opinion
February 5, 1973
Proceeding pursuant to section 298 Exec. of the Executive Law to review an order of the State Human Rights Appeal Board, dated June 30, 1972, which affirmed an order of the State Division of Human Rights, dated September 22, 1971, which, inter alia, found petitioner guilty of discriminating in the rental of available housing accommodations on the basis of color. Application of petitioner granted to the extent that the order of the State Human Rights Appeal Board is modified, on the law, by striking from its decretal paragraph the words "in all respects" and adding thereto, immediately after the provision that the order of the division is affirmed, the following: "except that the following are stricken from the second decretal paragraph of the order of the State Division of Human Rights: subdivision (d) and the passage `and designee, Operation Open City, 1059 Nostrand Avenue, Brooklyn, New York 11217' in subdivision (c)." As so modified, the order of the State Human Rights Appeal Board is confirmed, without costs ( Kaval Constr. Corp. v. State Div. of Human Rights, 39 A.D.2d 347, 351). Martuscello, Acting P.J., Shapiro, Gulotta, Christ and Benjamin, JJ., concur.