# Babey-Brooke v. Board of Higher Education

> Appellate Division of the Supreme Court of the State of New York · December 26, 1978 · 66 A.D.2d 831

URL: https://www.frixlaw.com/law-library/cases/5831319

## Case

- **Full name:** Anna M. Babey-Brooke v. Board of Higher Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 26, 1978
- **Citations:** 66 A.D.2d 831; 411 N.Y.S.2d 867; 1978 N.Y. App. Div. LEXIS 14164
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5831319

## Opinion text

Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated August 2, 1978, which dismissed petitioner’s appeal from an order of the State Division of Human Rights, which, after a hearing, dismissed the petitioner’s complaint upon a finding of no probable cause. Order confirmed and proceeding dismissed, without costs or disbursements. We conclude that the determination of the commissioner of the State division, dismissing petitioner’s complaint on the merits, was based upon substantial evidence. Under the circumstances, it is not necessary to reach the procedural question involving the five-month delay by the State division in submitting the record to the State Human Rights Appeal Board. Shapiro, J. P., Cohalan, Margett and O’Connor, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5831319. Public record. Not legal advice.