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MATTER OF TOWN OF HUNTINGTON v. NEW YORK STATE DIV. OF HUMAN RIGHTS

82 N.Y.2d 783 (1993)

624 N.E.2d 678

604 N.Y.S.2d 541

In the Matter of the Town of Huntington, Respondent, v. New York State Division of Human Rights, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided October 14, 1993.

Attorney(s) appearing for the Case

Sara Toll East, New York City, and Lawrence Kunin for appellant.

Roberts & Finger, New York City (Thomas C. Greble and Andrew P. Marks of counsel), for Town of Huntington, respondent.

Nancy E. Hoffman, Albany, William A. Herbert and Miguel Ortiz for Civil Service Employees Association, Inc., amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur in memorandum; Judge LEVINE taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

The extraordinary writ of prohibition does not lie to prevent the Division of Human Rights from considering an individual's complaint of racial discrimination.

In March 1986 petitioner Town of Huntington (hereafter Town) hired respondent Charles...

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