Tiffany & Co. v. Smith — 224 A.D.2d 332

Majority

p. 332

Tiffany & Company, Petitioner, v Paula Smith et al., Respondents.

[ 638 NYS2d 454 ]

—Determination of respondent State Division of Human Rights dated November 23, 1994, which, inter alia, awarded respondent Smith back pay plus interest, and $300,000 for mental anguish and compensatory damages, unanimously confirmed, the petition denied, and the proceeding brought pursuant to Executive Law § 298 (transferred to this Court by order of the Supreme Court, New York County [Leland DeGrasse, J.], entered on February 17, 1995) unanimously dismissed, without costs.

The time limitations set forth in Executive Law § 297 (2) (a) and (4) (a) are directory, not mandatory, and petitioner has failed to demonstrate any prejudice as a result of the delay in processing the complaint (see, Matter of 935 Nicholas Renting Assocs. v State Div. of Human Rights, 223 AD2d 377 ). Claims arising from petitioner’s employees’ discriminatory conduct were not time-barred since there was continuing impact on the complainant (see, Mendoza v State Div. of Human Rights, 74

p. 333

AD2d 508 , 509-510), and the constant, egregious, and blatant conduct warranted the relief awarded (cf., Matter of New York City Tr. Auth. v State Div. of Human Rights, 181 AD2d 891 , lv denied 80 NY2d 762 ; Sogg v American Airlines, 193 AD2d 153 , 163, lv denied 83 NY2d 754 , lv dismissed 83 NY2d 846 ). We have reviewed petitioner’s remaining arguments and find them to be without merit. Concur — Murphy, P. J., Ross, Tom and Mazzarelli, JJ.

Cases cited

935 Nicholas Renting Associates v. State Division of Human Rights 223 AD2d 377 N.Y. App. Div. 1996-01-09 p. 332
New York City Transit Authority v. State Division of Human Rights 181 AD2d 891 N.Y. App. Div. 1992-03-30 p. 333
Sogg v. American Airlines Inc. 193 AD2d 153 N.Y. App. Div. 1993-10-14 at 163 p. 333

Statutes and regulations cited

Executive Law p. 332