Gilchinsky v. New York City Commission on Human Rights

Appellate Division of the Supreme Court of New York

Gilchinsky v. New York City Commission on Human Rights

214 A.D.2d 421, 625 N.Y.S.2d 184, 1995 N.Y. App. Div. LEXIS 4376

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

DecidedApril 18, 1995

StatusPublished

This text of 214 A.D.2d 421 (Gilchinsky v. New York City Commission on Human Rights) 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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Gilchinsky v. New York City Commission on Human Rights, 214 A.D.2d 421, 625 N.Y.S.2d 184, 1995 N.Y. App. Div. LEXIS 4376 (N.Y. Ct. App. 1995).

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Opinion

Judgment, (denominated an order), Supreme Court, New York County (David Saxe, J.), entered December 16, 1993, which denied the within CPLR article 78 petition seeking to annul the determination of the respondent Commission on Human Rights dated June 3, 1993, which, inter alia, dismissed the complaint on grounds of administrative convenience, and dismissed the proceeding, unanimously affirmed, without costs.

There was nothing arbitrary in respondent Commission’s [422]*422determination that it was not in the public interest to prosecute petitioner’s discrimination complaint against her former employer (Administrative Code of City of NY § 8-113 [a]), because petitioner had been convicted of embezzling more than $50,000 from her employer, and also, pursuant to a judgment in a civil action petitioner owes that former employer at least $226,455.93 (Matter of Pan Am. World Airways v New York State Human Rights Appeal Bd., 61 NY2d 542). Concur—Sullivan, J. P., Rosenberger, Wallach, Asch and Williams, JJ.

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Judgment, (denominated an order), Supreme Court, New York County (David Saxe, J.), entered December 16, 1993, which denied the within CPLR article 78 petition seeking to annul the determination of the respondent Commission on Human Rights dated June 3, 1993, which, inter alia, dismissed the complaint on grounds of administrative convenience, and dismissed the proceeding, unanimously affirmed, without costs.

There was nothing arbitrary in respondent Commission’s [422]*422determination that it was not in the public interest to prosecute petitioner’s discrimination complaint against her former employer (Administrative Code of City of NY § 8-113 [a]), because petitioner had been convicted of embezzling more than $50,000 from her employer, and also, pursuant to a judgment in a civil action petitioner owes that former employer at least $226,455.93 (Matter of Pan Am. World Airways v New York State Human Rights Appeal Bd., 61 NY2d 542). Concur—Sullivan, J. P., Rosenberger, Wallach, Asch and Williams, JJ.

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214 A.D.2d 421, 625 N.Y.S.2d 184, 1995 N.Y. App. Div. LEXIS 4376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilchinsky-v-new-york-city-commission-on-human-rights-nyappdiv-1995.

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