Tribune Entertainment Corp. v. New York State Division of Human Rights

Appellate Division of the Supreme Court of New York

Tribune Entertainment Corp. v. New York State Division of Human Rights

210 A.D.2d 11, 619 N.Y.S.2d 559, 1994 N.Y. App. Div. LEXIS 11872, 68 Fair Empl. Prac. Cas. (BNA) 174

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1994·Published·Cited by 4 cases

Opinion

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered November 17, 1993, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent Division’s dismissal of respondent complainant’s complaint of race and disability discrimination on the [12]*12ground of administrative convenience, unanimously affirmed, without ccsts.

Dismissal of the complaint on the ground of administrative convenience prior to public hearing and formal fact finding was not arbitrary and capricious since the complainant will be proceeding in Federal court on identical claims (Executive Law § 297 [3] [c]; Eastman Chem. Prods. v New York State Div. of Human Rights, 162 AD2d 157). Concur—Ellerin, J. P., Wallach, Asch, Nardelli and Tom, JJ.

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—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered November 17, 1993, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent Division’s dismissal of respondent complainant’s complaint of race and disability discrimination on the [12]*12ground of administrative convenience, unanimously affirmed, without ccsts.

Dismissal of the complaint on the ground of administrative convenience prior to public hearing and formal fact finding was not arbitrary and capricious since the complainant will be proceeding in Federal court on identical claims (Executive Law § 297 [3] [c]; Eastman Chem. Prods. v New York State Div. of Human Rights, 162 AD2d 157). Concur—Ellerin, J. P., Wallach, Asch, Nardelli and Tom, JJ.

Tribune Entertainment Corp. v. New York State Division of Human Rights, 210 A.D.2d 11, 619 N.Y.S.2d 559, 1994 N.Y. App. Div. LEXIS 11872, 68 Fair Empl. Prac. Cas. (BNA) 174 (N.Y. Ct. App. 1994).

Pincite

210 A.D.2d 11 (Tribune Entertainment Corp. v. New York State Division of Human Rights) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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