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SCOPELLITI v. TOWN OF NEW CASTLE

210 A.D.2d 308 (1994)

620 N.Y.S.2d 405

Robert L. Scopelliti, Appellant, v. Town of New Castle et al., Respondents

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

December 12, 1994

Ordered that the order and judgment is affirmed, with costs.

Contrary to the plaintiff's contentions, Executive Law § 297 (9) clearly set forth an election of remedies provision. Thus, once the plaintiff filed his age-discrimination claim with the New York State Division of Human Rights, he was precluded from bringing a cause of action in the New York State Supreme Court asserting the same discriminatory acts (see...

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