Association for Preservation of Freedom of Choice, Inc. v. Dudley

Petitioners here filed a complaint (Executive Law, § 298) with the New York State Commission Against Discrimination alleging a conspiracy between the Mayor of the City of New York and four Councilmen from the Borough of Manhattan to elect only a member of the Negro race to the office of President of the Borough of Manhattan. The State Commission dismissed the complaint for lack of jurisdiction in that the elective office of Borough President of Manhattan does not constitute employment within the terms of the law against discrimination.

This is an article 78 (Civ. Prac. Act) proceeding to annul…