Pappas v. New York State Division of Human Rights

Full title: WILLIAM PAPPAS et al., Respondents, v. NEW YORK STATE DIVISION OF HUMAN…

Court: Court of Appeals of the State of New York

Date published: Oct 17, 1975

340 N.E.2d 470 (N.Y. 1975)

340 N.E.2d 470

378 N.Y.S.2d 36

Opinion

Submitted September 12, 1975

Decided October 17, 1975

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Henry Spitz and Howard Hertzberg for appellants.

Carl A. Binder for respondents.

MEMORANDUM. The order of the Appellate Division should be reversed on the dissenting memorandum of Messrs. Justices JAMES D. HOPKINS and J. IRWIN SHAPIRO at the Appellate Division, both as to the determination of discrimination and as to the award of damages. Since this court is without authority to fix the award of damages, at least in the status of this appeal, the case should be remitted to the Appellate Division with directions to send the matter back to the State Division of Human Rights to redetermine the amount of damages to be awarded complainant, subject, of course, to further appellate review.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order reversed, without costs, and matter remitted to Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.