64 A.D.2d 846 | N.Y. App. Div. | 1978
—Petition unanimously granted, without costs, order of appeals board annulled and determination of the State Division of Human Rights reinstated and confirmed. Denman, J., not participating. Memorandum: Petitioners seek an annulment pursuant to section 298 of the Executive Law of a determination of the State Human Rights Appeal Board which set aside a determination and order of the State Division of Human Rights finding no probable cause for the complaint of respondent Taylor (complainant). The appeal board decision was based, inter alia, on respondents’ alleged refusal to employ complainant because of his disorderly conduct conviction and on "the unmitigated fact” that an "invidious distinction” had been made in processing complainant’s employment application because of his alleged arrest record. The question presented is whether the appeal board exceeded its limited scope of review as granted by subdivision 7 of section 297-a of the Executive Law (see State Div. of Human Rights v New York State Drug Abuse Control Comm., 59 AD2d 332; Mayo v Hopeman Lbr. & Mfg. Co., 33 AD2d 310). Complainant applied for a part-time position in the seasonal parks unit of the Monroe County Sheriff’s Department on April 22, 1975. Upon learning that the parks jobs were filled, complainant filed an application for the position of Deputy Sheriff-Guard, Grade II (assigned to the jail) and was interviewed on May 30, 1975 by the jail superintendent and by petitioner Lombard on June 2, 1975 when he was asked about information appearing on his army service separation papers indicating that he had lost service time credit for time spent in confinement. When complainant