MATTER OF LAKE DELAWARE FARMS v. ROSA


200 A.D.2d 819 (1994)

606 N.Y.S.2d 421

In the Matter of Lake Delaware Farms, Respondent, v. Margarita Rosa, as Commissioner of The Division of Human Rights, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 6, 1994


Casey, J.

Petitioner commenced this CPLR article 78 proceeding to prohibit respondent Division of Human Rights from considering a complaint of employment discrimination filed on behalf of a former employee of petitioner. According to petitioner, the complaint was not timely filed. The Division concluded that although the complaint was not filed within the one-year period required by Executive Law § 297 (5), the complaint should be deemed timely...

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