Randy-The Salon v. New York State Division of Human Rights

Majority

p. 901

Randy—The Salon, Respondent, v New York State Division of Human Rights et al., Appellants.

[607 NYS2d 811]

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition prohibiting the State Division of Human Rights (SDHR) from proceeding further upon the complaint of Thomas B., which alleged employment discrimination based upon a perceived disability. The SDHR has jurisdiction to investigate complaints of discrimination and any error of law in the exercise of that jurisdiction must first be challenged by administrative review before judicial review pursuant to section 298 of the Executive Law is available (Matter of Tessy Plastics Corp. v State Div. of Human Rights, 47 NY2d 789 , 791). The extraordinary writ of prohibition does not lie to challenge the SDHR’s initial acceptance of jurisdiction over a complaint of discrimination (Matter of Richards v Mangum,

p. 902

35 AD2d 124 ; see also, Matter of Town of Huntington v State Div. of Human Rights, 82 NY2d 783 ; Matter of Fleetwood Tenants Assn. v New York State Div. of Hous. & Community Renewal, 176 AD2d 941 ; Matter of McMillan Book Co. v State Div. of Human Rights, 64 Misc 2d 692 ). (Appeal from Judgment of Supreme Court, Erie County, Whelan, J. — Article 78.) Present — Green, J. P., Pine, Lawton, Doerr and Boehm, JJ.

Cases cited

Tessy Plastics Corp. v. State Division of Human Rights 47 NY2d 789 N.Y. 1979-05-10 at 791 p. 901
Richards v. Mangum 35 AD2d 124 N.Y. App. Div. 1970-09-25 p. 902
Town of Huntington v. New York State Division of Human Rights 82 NY2d 783 N.Y. 1993-10-14 p. 902
Fleetwood Tenants Ass'n v. New York State Division of Housing & Community Renewal 176 AD2d 941 N.Y. App. Div. 1991-10-28 p. 902
McMillan Book Co. v. State Division of Human Rights 64 Misc 2d 692 N.Y. Sup. Ct. 1970-11-16 p. 902

Statutes and regulations cited

Executive Law p. 901