Bettina Equities Co. v. State of New York Executive Department

Appellate Division of the Supreme Court of New York

Bettina Equities Co. v. State of New York Executive Department

9 A.D.3d 296, 780 N.Y.S.2d 130, 2004 N.Y. App. Div. LEXIS 9394

Appellate Division of the Supreme Court of the State of New York·Decided July 8, 2004·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County (Walter B. Tolub, J.), entered March 7, 2003, which denied petitioner’s motion for a preliminary injunction of a pending administrative proceeding, dismissed this proceeding to annul respondent’s interim order, dated March 21, 2002, which denied petitioner’s motion for summary judgment dismissing the racial discrimination complaint against it, and directed respondent to reschedule the previously scheduled hearing on the complaint, unanimously affirmed, without costs.

The interim order of the Administrative Law Judge, converting petitioner’s motion to dismiss the racial discrimination complaint of petitioner’s former tenant on res judicata and collateral estoppel grounds to a motion for summary judgment and denying it, was not a final determination within the meaning of CFLR 7801 (1). Nor does it fall within any of the three exceptions to either the rule of finality or the requirement of exhaustion of administrative remedies: futility of the administrative remedy; irreparable harm in the absence of prompt judicial intervention; or a claim of unconstitutional action. Concur— Andrias, J.P., Williams, Friedman, Marlow and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Walter B. Tolub, J.), entered March 7, 2003, which denied petitioner’s motion for a preliminary injunction of a pending administrative proceeding, dismissed this proceeding to annul respondent’s interim order, dated March 21, 2002, which denied petitioner’s motion for summary judgment dismissing the racial discrimination complaint against it, and directed respondent to reschedule the previously scheduled hearing on the complaint, unanimously affirmed, without costs.

The interim order of the Administrative Law Judge, converting petitioner’s motion to dismiss the racial discrimination complaint of petitioner’s former tenant on res judicata and collateral estoppel grounds to a motion for summary judgment and denying it, was not a final determination within the meaning of CFLR 7801 (1). Nor does it fall within any of the three exceptions to either the rule of finality or the requirement of exhaustion of administrative remedies: futility of the administrative remedy; irreparable harm in the absence of prompt judicial intervention; or a claim of unconstitutional action. Concur— Andrias, J.P., Williams, Friedman, Marlow and Gonzalez, JJ.

Bettina Equities Co. v. State of New York Executive Department, 9 A.D.3d 296, 780 N.Y.S.2d 130, 2004 N.Y. App. Div. LEXIS 9394 (N.Y. Ct. App. 2004).

Pincite

9 A.D.3d 296 (Bettina Equities Co. v. State of New York Executive Department) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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