Lowell v. Rueckert

New York Supreme Court

Lowell v. Rueckert

43 Misc. 2d 1025, 252 N.Y.S.2d 646, 1963 N.Y. Misc. LEXIS 1280

DecidedDecember 13, 1963

StatusPublished

This text of 43 Misc. 2d 1025 (Lowell v. Rueckert) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lowell v. Rueckert, 43 Misc. 2d 1025, 252 N.Y.S.2d 646, 1963 N.Y. Misc. LEXIS 1280 (N.Y. Super. Ct. 1963).

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Opinion

Francis X. Conlon, J.

This is an application for a warrant for the apprehension of the respondent. Sections Bl-1.0 through Bl-6.0, inclusive, of the Administrative Code of the City of New York set forth the powers, duties and policies of the City Commission on Human Rights. Subdivision (4) of section Bl-5.0 empowers the commission to receive and investigate complaints and to initiate its own investigations of discrimination, “ except that all instances of such discrimination * * * within the jurisdiction of the state commission against discrimination shall be referred to that commission ’ ’. The State Commission for Human Rights has asserted its jurisdiction over the alleged discriminatory practices in the construe[1026]*1026tion industry. The statute provides that a matter within the jurisdiction of the State commission must be referred to that commission; it is clear therefore that the subject matter of this investigation falls within the jurisdiction of the State commission and must be referred to that commission. The agreement between petitioner and respondent conferring jurisdiction on the city commission is meaningless, as the enabling statute specifically provides otherwise. Accordingly, the application is denied and the petition is dismissed.

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Francis X. Conlon, J.

This is an application for a warrant for the apprehension of the respondent. Sections Bl-1.0 through Bl-6.0, inclusive, of the Administrative Code of the City of New York set forth the powers, duties and policies of the City Commission on Human Rights. Subdivision (4) of section Bl-5.0 empowers the commission to receive and investigate complaints and to initiate its own investigations of discrimination, “ except that all instances of such discrimination * * * within the jurisdiction of the state commission against discrimination shall be referred to that commission ’ ’. The State Commission for Human Rights has asserted its jurisdiction over the alleged discriminatory practices in the construe[1026]*1026tion industry. The statute provides that a matter within the jurisdiction of the State commission must be referred to that commission; it is clear therefore that the subject matter of this investigation falls within the jurisdiction of the State commission and must be referred to that commission. The agreement between petitioner and respondent conferring jurisdiction on the city commission is meaningless, as the enabling statute specifically provides otherwise. Accordingly, the application is denied and the petition is dismissed.

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Bluebook (online)

43 Misc. 2d 1025, 252 N.Y.S.2d 646, 1963 N.Y. Misc. LEXIS 1280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowell-v-rueckert-nysupct-1963.