State Division of Human Rights v. Bystricky

Simoks, J. (dissenting).

Section 297 of the Executive Law provides substantial procedural rights to those accused of unlawful discrimination. Aside from the ‘ ‘ conference, conciliation and persuasion ” procedures, there is resort to a formal hearing and an administrative appeal. During all of this, a party may be represented by counsel, as this respondent was, and following that a proceeding to review may, within 30 days after service of the board’s order, be initiated in the Appellate Division, and its decision is reviewable by the Court of Appeals. (Executive Law, § 298.) This seems…