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State Division of Human Rights v. County of Onondaga

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 716 (N.Y. App. Div. 1975)

Opinion

November 6, 1975

Present — Moule, J.P., Simons, Mahoney, Goldman and Witmer, JJ.


Determination unanimously confirmed, without costs. Memorandum: In 1972 petitioner and respondent entered into a conciliation agreement in settlement of petitioner's complaint of unlawful employment discrimination. Respondent agreed to use its "best efforts" to locate employment for the petitioner; to this end, respondent sent petitioner's resume along with a cover letter to 44 different agencies and organizations covering a broad geographical area. Petitioner thereafter filed a complaint with the State Division of Human Rights in which he asserted that the efforts used by respondent were not its "best efforts" pursuant to the terms of the conciliation agreement and, therefore, respondent had breached that agreement. The State Division held that respondent did not violate the agreement and the New York State Human Rights Appeal Board, by an equally divided vote, affirmed the finding. Petitioner seeks judicial review of that determination. Section 298 Exec. of the Executive Law provides that "The findings of facts on which such order [of the appeal board] is based shall be conclusive if supported by sufficient evidence on the record considered as a whole." The question is not whether the record would "convince" one of the facts found but whether on the record a reasonable man "might" make the finding involved (Matter of Tompkins v Board of Regents of Univ. of State of N.Y., 299 N.Y. 469). The determination of the State Division was neither arbitrary nor capricious. The efforts of the respondent were closely supervised by the State Division and the record supports the determination that under the facts of this case these efforts constituted "best efforts" pursuant to the terms of the conciliation agreement.


Summaries of

State Division of Human Rights v. County of Onondaga

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 716 (N.Y. App. Div. 1975)
Case details for

State Division of Human Rights v. County of Onondaga

Case Details

Full title:STATE DIVISION OF HUMAN RIGHTS, on Complaint of JOSIAH OSUWAGU…

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

Date published: Nov 6, 1975

Citations

50 A.D.2d 716 (N.Y. App. Div. 1975)

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