In the Matter of CUNY-Hostos Community College, Appellants v. State Human Rights Appeal Board…

Summary

The Court of Appeals reversed the Appellate Division and granted the petition, holding that the State Division of Human Rights lacked substantial evidence to find that CUNY‑Hostos discharged Moses Harary to maintain an unlawful ethnic quota. The majority emphasized that the statistical analysis and the president's remarks were insufficient to prove a quota, and that the court's review is limited to the substantial‑evidence standard. Separate dissenting opinions (Fuchsberg and Wachtler) argued that the division's finding was supported by the record and should be affirmed.