Opinion
September 29, 1970
Application of the State Division of Human Rights pursuant to section 298 Exec. of the Executive Law for an order of enforcement is unanimously denied, without costs and without disbursements, the petition dismissed, and the matter remanded to the division to make an appropriate record of the claimed noncompliance and findings based upon such record, without prejudice to the making of a new application upon the completion of such record and findings, if so advised. Implicit in our prior ruling in this matter (see Matter of State Division of Human Rights v. Union Carbide Corp., 34 A.D.2d 636) was a requirement for an adversary hearing thus providing a proper record upon which we may decide petitioner's order of September 23, 1969. The proffered record upon the instant application fails to comport with our directions in the prior decision.
Concur — Capozzoli, J.P., Markewich, Nunez, McNally and Tilzer, JJ.