(DOWNLOAD) "Wyckoff Heights Hospital Et Al. v. State Division Human Rights Et Al." by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Wyckoff Heights Hospital Et Al. v. State Division Human Rights Et Al.
- Author : Supreme Court of New York
- Release Date : January 20, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
[38 A.D.2d 596 Page 597] In our opinion, the Appeal Board's orders, though non-final, are appealable to this court as of right (Executive Law, §
298; South African Airways v. New York State Div. of Human Rights, 35 A.D.2d 516; Matter of Mayo v. Hopeman Lbr. & Mfg.
Co., 33 A.D.2d 310, mot. for lv. to app. dsmd. 26 N.Y.2d 962; cf. Matter of State Comm. for Human Rights v. Lieber, 23 N.Y.2d
253). We are also of the view that the Appeal Board erred in determining that the Division's order dismissing the complaint
on a finding of no probable cause was arbitrary, capricious and an abuse of discretion (Executive Law, § 297-a, subd. 7).
The complainant, who is Black and a licensed practical nurse, charged petitioners with unlawfully discriminating against her
in the terms, privileges and conditions of her employment, because of her color. She claimed she had been unjustly suspended
for calling in sick, inasmuch as a Caucasian practical nurse, who had also called in sick on several prior occasions, had
never been subjected to any disciplinary measures whatsoever. The record, considered as a whole, clearly justifies the Division's
finding of no probable cause. The facts underlying the respective absences of the complainant and the Caucasian practical
nurse are disparate, so that the Appeal Board was unwarranted in denominating the central issue in the proceeding to be whether
both employees had been treated equally for their respective attendance records. In vacating the Division's order of dismissal
and remanding for further processing, the Appeal Board impermissibly exceeded the limited scope of its own review and substituted
its own judgment for that of the Division.
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