Matter
Matter of Fullilove v Carey, 48 N.Y.2d 826 (1979) 399 N.E.2d 1203, 424 N.Y.S.2d 183 requirement that rules and regulations or programs be developed by the Commissioner of Human Rights, and since the order “ 'assumes the power of the Legislature to set State policy in an area of concededly increasing public concern.' ” APPEARANCES OF COUNSEL Robert Abrams, Attorney-General (Shirley Adelson Siegel, Dominick J. Tuminaro, Arnold D. Fleischer and Judith T. Kramer of counsel), for Hugh L. Carey, as Governor of the State of New York, appellant. Ann Thacher Anderson for Office of State Contract Compliance, Division of Human Rights, appellant. Robert G. Benisch, Robert J. Fink and Richard O'Hara for respondents. Victor M. Goode, Alton Maddox, Jr., and Howard Lane for National Conference of Black Lawyers and another, amici curiae. M. D. Taracido, Kenneth Kimerling, Peter Bienstock and Idelisse Malave for Puerto Rican Legal Defense & Education Fund, Inc., amicus curiae. OPINION OF THE COURT Order affirmed, without costs, for the reasons stated in the opinion by Mr. Justice J. Clarence Herlihy at the Appellate Division (62 AD2d 798; see, also, Matter of Fullilove v Beame, 48 NY2d 376, decided herewith). Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wachtler. Judges Fuchsberg and Meyer dissent *828 and vote to reverse (see dissenting opn by Fuchsberg, J., in Matter of Fullilove v Beame, 48 NY2d 376, decided herewith). Copr. (C) 2020, Secretary of State, State of New York End of Document © 2020 Thomson Reuters. No claim to original U.S. Government Works. © 2020 Thomson Reuters. No claim to original U.S. Government Works. 2
