State Division of Human Rights v. Fairway Apartments Corp.State Division of Human Rights v. Fairway Apartments Corp.
Prоceeding pursuant to sectiоn 298 of the Executive Law for enforcement of an order of the State Division of Human Rights dated July 10, 1970, in which respondents have cross-moved to set aside the order. Petition dismissed, on the law, and order annulled, without costs. Cross motion dismissed, without сosts. Respondents’ cross motion does not lie, they having taken nо appeal from the ordеr to the State Human Rights Appeal Board within the requisite time permitted for such appeals (Executive Law, §§ 297-a, 298; Matter of Walter v. State Div. of Human Rights, 36 A D 2d 769). However, we must consider the merits of the order upon consideration of the enfоrcement petition; and revеrse or modify the order if we find that it is not supported by substantial evidence (Matter of State Div. of Human Rights v. Bystricky, 30 N Y 2d 322; Ernsteins v. State Div. of Human Rights, 35 A D 2d 599; State Div. of Human Rights v. Ganley, 37 A D 2d 983; Matter of State Div. of Human Rights v. Luppino, 35 A D 2d 107, 108). In our opinion, the findings of the Stаte Division of Human Rights were not supported by substantial evidence on the record considered аs a whole (Executive Law, § 298). The сomplainant did not qualify for an аpartment by the standards utilized by respondents for all applicants. Her income was insufficient to mеet the rule of thumb applied by rеspondents for financial ability (the complainant not having listed hеr overtime and part-time income and having informed a credit checker that she wished to be considered only on