
    Fourth Department,
    April, 1973
    (April 5, 1973)
    Cleopatra Sarantis, et al., Petitioners, v. New York State Division of Human Rights et al., Respondents.
   Petition unanimously granted on the law to the extent of modifying the order of the Appeal Board in accordance with Memorandum, and otherwise denied, without costs. Memorandum: Inasmuch as the record contains no proof of out-of-pocket expenses sustained by complainant as a result of the discrimination practiced against him, the award of $500 compensatory damages was improperly affirmed (Matter of State Div. of Human Rights v. Luppino, 35 A D 2d 107, affd. 29 N Y 2d 558; State Div. of Human Rights v. Stern, 37 A D 2d 441). (Motion pursuant to section 298 of the Executive Law to annul order of Appeal Board.) Present — Goldman, P. J., Del Vecchio, Witmer, Oardamone and Henry, JJ.  