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MATTER THOMAS MARTIN v. STATE NEW YORK COMMISSION FOR HUMAN RIGHTS (NEW YORK STATE DIVISION HUMAN RIGHTS) (11/24/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


November 24, 1969

IN THE MATTER OF THOMAS MARTIN, AS COMMISSIONER OF PUBLIC SAFETY OF THE CITY OF GLEN COVE, ET AL., PETITIONERS,
v.
STATE OF NEW YORK COMMISSION FOR HUMAN RIGHTS (NEW YORK STATE DIVISION OF HUMAN RIGHTS), RESPONDENT

Beldock, P. J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.

The order of the State Commission was based on evidence of discriminatory practices which occurred prior to September 1, 1967, on which date legislation became effective to give the commission jurisdiction over discriminatory practices by volunteer fire departments, fire companies or fire corporations (L. 1967, ch. 628). The record contains no evidence of discriminatory practices subsequent to September 1, 1967. It is undisputed that after this date the City of Glen Cove Fire Department took all steps to eliminate the discrimination in question. The volunteer firemen involved herein are not employees of the City of Glen Cove and we find that prior to September 1, 1967 the commission lacked jurisdiction over discriminatory practices by volunteer fire departments, fire companies or fire corporations. We conclude that the commission lacked jurisdiction to make the order under review. We do not reach the question of whether the evidence supports the commission's finding of discrimination prior to September 1, 1967.

Disposition

Order of the commission annulled, on the law, and cross motion denied, without costs.

19691124

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