Johnson v. Scholastic, Inc.

Appellate Division of the Supreme Court of New York

Johnson v. Scholastic, Inc.

52 A.D.3d 375, 860 N.Y.S.2d 83

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

DecidedJune 19, 2008

StatusPublished

Cited by3 cases

This text of 52 A.D.3d 375 (Johnson v. Scholastic, Inc.) 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.

Bluebook

Johnson v. Scholastic, Inc., 52 A.D.3d 375, 860 N.Y.S.2d 83 (N.Y. Ct. App. 2008).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Jane S. Solomon, J.), entered June 1, 2007, dismissing this proceeding to challenge a final determination of the City Human Rights Commission of no probable cause for petitioner’s discrimination complaint, unanimously affirmed, without costs.

A petition for review of an agency determination cannot go forward without joining that agency in the proceeding (see Matter of Solid Waste Servs., Inc. v New York City Dept. of Envtl. Protection, 29 AD3d 318, 319 [2006], lv denied 7 NY3d 710 [2006]; see also Matter of Okoumou v Community Agency for Senior Citizens, Inc., 17 Misc 3d 827, 832, 833 [2007]). Here, neither the City Commission nor its chairperson was joined as a party, necessitating dismissal.

Even if the petition had not been denied for failure to name the City Commission as a respondent, we would find that the determination was supported by substantial evidence (see Matter of New Venture Gear Inc. v New York State Div. of Human Rights, 41 AD3d 1265 [2007]), the City Commission’s investigation was sufficient (see Stern v New York City Commn. on Human Rights, 38 AD3d 302 [2007]), and the purported “new evidence” provided no basis for disturbing the Commission’s determination. Concur—Mazzarelli, J.P, Andrias, Williams and Renwick, JJ. [See 2007 NY Slip Op 30687(U).]

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Order and judgment (one paper), Supreme Court, New York County (Jane S. Solomon, J.), entered June 1, 2007, dismissing this proceeding to challenge a final determination of the City Human Rights Commission of no probable cause for petitioner’s discrimination complaint, unanimously affirmed, without costs.

A petition for review of an agency determination cannot go forward without joining that agency in the proceeding (see Matter of Solid Waste Servs., Inc. v New York City Dept. of Envtl. Protection, 29 AD3d 318, 319 [2006], lv denied 7 NY3d 710 [2006]; see also Matter of Okoumou v Community Agency for Senior Citizens, Inc., 17 Misc 3d 827, 832, 833 [2007]). Here, neither the City Commission nor its chairperson was joined as a party, necessitating dismissal.

Even if the petition had not been denied for failure to name the City Commission as a respondent, we would find that the determination was supported by substantial evidence (see Matter of New Venture Gear Inc. v New York State Div. of Human Rights, 41 AD3d 1265 [2007]), the City Commission’s investigation was sufficient (see Stern v New York City Commn. on Human Rights, 38 AD3d 302 [2007]), and the purported “new evidence” provided no basis for disturbing the Commission’s determination. Concur—Mazzarelli, J.P, Andrias, Williams and Renwick, JJ. [See 2007 NY Slip Op 30687(U).]

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Bluebook (online)

52 A.D.3d 375, 860 N.Y.S.2d 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-scholastic-inc-nyappdiv-2008.

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