SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 23, 1969
STATE COMMISSION FOR HUMAN RIGHTS, APPELLANT,
SARY LIEBER ET AL., RESPONDENTS
Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.
In our opinion it was not an improvident exercise of discretion for Special Term to have ordered the matter remitted to the commission. However, we again point out, as we did in our previous decision (Matter of State Comm. for Human Rights v. Lieber, 29 A.D.2d 663, supra), that it would not be improper for the court to enforce an order directing that respondent Lieber notify the complainant of the first available three-room vacancy even though similar relief was granted to the complainant in another proceeding involving a different landlord.
Order affirmed, without costs.
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