State Div. of Human Rights On Complaint of Schwab v. Walden Book Co.
| Citation | 112 A.D.2d 745,492 N.Y.S.2d 220 |
| Parties | STATE DIVISION OF HUMAN RIGHTS on the Complaint of Deborah L. SCHWAB, Petitioner, v. WALDEN BOOK COMPANY, Respondent. |
| Decision Date | 12 July 1985 |
| Court | New York Supreme Court Appellate Division |
Deborah L. Schwab, Buffalo, petitioner pro se.
Flaherty, Cohen, Grande, Randazzo & Doren, P.C. by Daniel Forsythe, Buffalo, for respondent.
Roberto Albertorio, State Div. of Human Rights, New York City, for State Div. of Human Rights.
Before CALLAHAN, J.P., and BOOMER, GREEN, PINE and SCHNEPP, JJ.
The Division's failure to conduct a confrontation conference or otherwise address the issues raised by petitioner's response to the Field Investigation Report renders the determination of no probable cause capricious (see SDHR v. Gaylord Bros., Inc., App.Div., --- N.Y.S.2d ----; SDHR v. American Can Co., App.Div., --- N.Y.S.2d ----; Bachman v. State Div. of Human Rights, 104 A.D.2d 111, 115, 481 N.Y.S.2d 858; Matter of Gregory v. New York State Human Rights Appeal Bd., 64 A.D.2d 775, 776, 407 N.Y.S.2d 256).
Determination unanimously annulled on the law, without costs, and petition granted to the extent of remitting the matter to the State Division of Human Rights for further proceedings on this complaint.
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