57 A.D.2d 699 | N.Y. App. Div. | 1977
Determination unanimously annulled, without costs, and matter remitted to State Human Rights Appeal Board. Memorandum: The State Human Rights Appeal Board dismissed the appeal of Mary K. Davey, petitioner, holding that it had been divested of its jurisdiction to determine the appeal on the merits because petitioner had instituted an article 78 proceeding. Petitioner is a hearing officer employed by the New York State Department of Social Services. She filed a complaint with the State Division of Human Rights on March 12, 1974 charging the Department of Social Services and the Department of Civil Service with discrimination in connection with the appointment of a certain male instead of petitioner to the position of Supervising