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CORNING GLASS v. OVSANIK

84 N.Y.2d 619 (1994)

644 N.E.2d 1327

620 N.Y.S.2d 771

In the Matter of Corning Glass Works, Respondent, v. Ronald P. Ovsanik, Appellant, and New York State Division of Human Rights, Respondent.

Court of Appeals of the State of New York.

Decided December 13, 1994.

Attorney(s) appearing for the Case

Raymond J. Urbanski, Elmira, for appellant.

Sheila A. Donohue, New York City, Lawrence Kunin and Michael K. Swirsky for New York State Division of Human Rights, respondent.

Reed Smith Shaw & McClay (Scott F. Zimmerman and Martha Hartle Munsch of the Pennsylvania Bar, admitted pro hac vice, of counsel), and Christopher J. Thomas, Corning, for Corning Glass Works, respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH and LEVINE concur with Judge CIPARICK; Judges TITONE and BELLACOSA concur also for the reasons stated in Judge BELLACOSA'S concurring opinion in Matter of Harris & Assocs. v deLeon ( [decided today]); Judge SIMONS taking no part.

CIPARICK, J.

The question presented on this appeal is whether an 8½-year delay by respondent State Division of Human Rights (DHR) in processing the complaint of discrimination against petitioner Corning Glass Works caused that party substantial prejudice warranting dismissal of the complaint. Although the delay was inordinate, petitioner has not shown that it was actually prejudiced thereby. Thus, the drastic...

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