New York & Presbyterian Hospital v. New York State Division of Human Rights

Appellate Division of the Supreme Court of New York

New York & Presbyterian Hospital v. New York State Division of Human Rights

78 A.D.3d 507, 910 N.Y.S.2d 646

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

DecidedNovember 16, 2010

StatusPublished

Cited by1 cases

This text of 78 A.D.3d 507 (New York & Presbyterian Hospital v. New York State Division of 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 & Presbyterian Hospital v. New York State Division of Human Rights, 78 A.D.3d 507, 910 N.Y.S.2d 646 (N.Y. Ct. App. 2010).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Mark Friedlander,' J.), entered March 10, 2009, dismissing this CPLR article 78 proceeding to annul an administrative order, dated July 28, 2008, unanimously affirmed, without costs.

The Commissioner’s sua sponte order to reopen a hearing on unlawful discrimination against an employee of petitioner for the purpose of completing the record was not a final determination within the meaning of CPLR 7801 (1) (see Executive Law § 298), rendering petitioner’s challenge premature (Matter of New York City Tr. Auth. v New York State Div. of Human Rights, 33 AD3d 617 [2006]). Nor does it fall within any of the exceptions to the rule of finality or the requirement to exhaust administrative remedies (see Matter of Bettina Equities Co. LLC v State of N.Y. Exec. Dept., State Div. of Human Rights, 9 AD3d 296 [2004]). Concur — Friedman, J.P., Sweeny, Catterson, Renwick and Román, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County (Mark Friedlander,' J.), entered March 10, 2009, dismissing this CPLR article 78 proceeding to annul an administrative order, dated July 28, 2008, unanimously affirmed, without costs.

The Commissioner’s sua sponte order to reopen a hearing on unlawful discrimination against an employee of petitioner for the purpose of completing the record was not a final determination within the meaning of CPLR 7801 (1) (see Executive Law § 298), rendering petitioner’s challenge premature (Matter of New York City Tr. Auth. v New York State Div. of Human Rights, 33 AD3d 617 [2006]). Nor does it fall within any of the exceptions to the rule of finality or the requirement to exhaust administrative remedies (see Matter of Bettina Equities Co. LLC v State of N.Y. Exec. Dept., State Div. of Human Rights, 9 AD3d 296 [2004]). Concur — Friedman, J.P., Sweeny, Catterson, Renwick and Román, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

78 A.D.3d 507, 910 N.Y.S.2d 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-presbyterian-hospital-v-new-york-state-division-of-human-rights-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack