Flah's Inc. v. Schneider

Appellate Division of the Supreme Court of New York

Flah's Inc. v. Schneider

71 A.D.2d 993, 420 N.Y.S.2d 283, 1979 N.Y. App. Div. LEXIS 13308, 28 Fair Empl. Prac. Cas. (BNA) 1452

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 17, 1979

StatusPublished

Cited by5 cases

This text of 71 A.D.2d 993 (Flah's Inc. v. Schneider) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Flah's Inc. v. Schneider, 71 A.D.2d 993, 420 N.Y.S.2d 283, 1979 N.Y. App. Div. LEXIS 13308, 28 Fair Empl. Prac. Cas. (BNA) 1452 (N.Y. Ct. App. 1979).

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Opinion

Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated May 18, 1978, which (1) reversed a determination of the State Division of Human Rights, dated October 5, 1977, which dismissed a complaint charging petitioner with an unlawful discriminatory practice relating to employment, and (2) remanded the matter to the division for further proceedings. Order confirmed, without costs or disbursements, and proceeding dismissed. Motion by petitioner to strike the answer of respondent Schneider denied. The record does not indicate that there was a thorough inquiry during which the complainant was afforded a full opportunity to present her contentions. In addition, it does not appear that the complaint lacks merit as a matter of law. Therefore, the complaint should not have been dismissed (see State Div. of Human Rights v New York State Drug Abuse Control Comm., 59 AD2d 332; Mayo v Hopeman Lbr. & Mfg. Co., 33 AD2d 310). Mollen, P. J., Hopkins, Damiani and Titone, JJ., concur.

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Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated May 18, 1978, which (1) reversed a determination of the State Division of Human Rights, dated October 5, 1977, which dismissed a complaint charging petitioner with an unlawful discriminatory practice relating to employment, and (2) remanded the matter to the division for further proceedings. Order confirmed, without costs or disbursements, and proceeding dismissed. Motion by petitioner to strike the answer of respondent Schneider denied. The record does not indicate that there was a thorough inquiry during which the complainant was afforded a full opportunity to present her contentions. In addition, it does not appear that the complaint lacks merit as a matter of law. Therefore, the complaint should not have been dismissed (see State Div. of Human Rights v New York State Drug Abuse Control Comm., 59 AD2d 332; Mayo v Hopeman Lbr. & Mfg. Co., 33 AD2d 310). Mollen, P. J., Hopkins, Damiani and Titone, JJ., concur.

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71 A.D.2d 993, 420 N.Y.S.2d 283, 1979 N.Y. App. Div. LEXIS 13308, 28 Fair Empl. Prac. Cas. (BNA) 1452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flahs-inc-v-schneider-nyappdiv-1979.

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