State Division of Human Rights v. Merante

New York Court of Appeals

State Division of Human Rights v. Merante

281 N.E.2d 844, 30 N.Y.2d 580, 330 N.Y.S.2d 796, 1972 N.Y. LEXIS 1479

DecidedFebruary 18, 1972

StatusPublished

This text of 281 N.E.2d 844 (State Division of Human Rights v. Merante) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Division of Human Rights v. Merante, 281 N.E.2d 844, 30 N.Y.2d 580, 330 N.Y.S.2d 796, 1972 N.Y. LEXIS 1479 (N.Y. 1972).

Pincite

Opinion

This proceeding brought by the State Division of Human Bights as an original application in the Appellate Division pursuant to section 298 of the Executive Law to enforce an order against respondents is not a review by the Appellate Division of an administrative order within CPLB 5601 (subd. [a]). It is a direct proceeding under section 298 to enforce the division’s order, and not a review of an administrative determination under alternative provisions of section 298. Therefore, this court is without jurisdiction of an appeal not involving a constitutional question from a denial of enforcement, absent dissent or permission to appeal granted either by the Appellate.Division or by this court.

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This proceeding brought by the State Division of Human Bights as an original application in the Appellate Division pursuant to section 298 of the Executive Law to enforce an order against respondents is not a review by the Appellate Division of an administrative order within CPLB 5601 (subd. [a]). It is a direct proceeding under section 298 to enforce the division’s order, and not a review of an administrative determination under alternative provisions of section 298. Therefore, this court is without jurisdiction of an appeal not involving a constitutional question from a denial of enforcement, absent dissent or permission to appeal granted either by the Appellate.Division or by this court.

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Bluebook (online)

281 N.E.2d 844, 30 N.Y.2d 580, 330 N.Y.S.2d 796, 1972 N.Y. LEXIS 1479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-division-of-human-rights-v-merante-ny-1972.