Hyperlawhypertext legal database State Division of Human Rights v. Merante 30 N.Y.2d 580

← Cases

State Division of Human Rights v. Merante

30 N.Y.2d 580 Court N.Y. Decision date 1972-02-18 English

Contents

Majority

p. 580
In the Matter of the State Division of Human Rights, Appellant, v. Thomas Merante et al., Respondents.
Submitted February 10, 1972;
decided February 18, 1972.
p. 581
Henry Spits, Lawrence Kunin and Alan J. Sales for appellant.
No appearance for respondents.

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.

Statutes and regulations cited