New York City Transit Authority v. City of New York Commission on Human Rights

Appellate Division of the Supreme Court of New York

New York City Transit Authority v. City of New York Commission on Human Rights

181 A.D.2d 550

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

DecidedMarch 19, 1992

StatusPublished

Cited by1 cases

This text of 181 A.D.2d 550 (New York City Transit Authority v. City of New York 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.

Bluebook

New York City Transit Authority v. City of New York Commission on Human Rights, 181 A.D.2d 550 (N.Y. Ct. App. 1992).

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Opinion

— Appeal from the Order and Judgment (one paper) of the Supreme Court, New York County (Jawn A. Sandifer, J.), entered July 25, 1990, which granted respondents’ cross motion to dismiss this proceeding brought to prohibit respondent City of New York Commission on Human Rights from moving against petitioner on respondent Levy’s complaint, is unanimously dismissed, without costs or disbursements.

Petitioner New York City Transit Authority challenges the authority of the respondent Commission to investigate and conduct proceedings against it asserting charges of sexual harassment and sexual discrimination.

The petitioner, however, did not seek to stay any proceedings pending appeal of the Supreme Court’s determination upholding the respondent Commission’s jurisdiction. The underlying matter has now been concluded by a final determination. Accordingly, this appeal from an order denying petitioner’s application to prohibit respondent from proceeding is now academic. The petitioner can challenge the final determination of the agency in a CPLR article 78 proceeding and, raise, therein, any appropriate defense or objection in law. Concur— Sullivan, J. P., Carro, Ross and Asch, JJ.

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— Appeal from the Order and Judgment (one paper) of the Supreme Court, New York County (Jawn A. Sandifer, J.), entered July 25, 1990, which granted respondents’ cross motion to dismiss this proceeding brought to prohibit respondent City of New York Commission on Human Rights from moving against petitioner on respondent Levy’s complaint, is unanimously dismissed, without costs or disbursements.

Petitioner New York City Transit Authority challenges the authority of the respondent Commission to investigate and conduct proceedings against it asserting charges of sexual harassment and sexual discrimination.

The petitioner, however, did not seek to stay any proceedings pending appeal of the Supreme Court’s determination upholding the respondent Commission’s jurisdiction. The underlying matter has now been concluded by a final determination. Accordingly, this appeal from an order denying petitioner’s application to prohibit respondent from proceeding is now academic. The petitioner can challenge the final determination of the agency in a CPLR article 78 proceeding and, raise, therein, any appropriate defense or objection in law. Concur— Sullivan, J. P., Carro, Ross and Asch, JJ.

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Bluebook (online)

181 A.D.2d 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-city-transit-authority-v-city-of-new-york-commission-on-human-nyappdiv-1992.

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