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BROWN v. WRIGHT

226 A.D.2d 570 (1996)

641 N.Y.S.2d 125

Jeffrey Brown, Appellant, v. John J. Wright et al., Respondents

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

April 22, 1996

Ordered that the order is affirmed, with costs.

Executive Law § 297 (9) provides that a person who has filed an administrative complaint regarding discrimination is thereby deprived of his judicial "cause of action". However, the statute further provides for an exception to the mutually exclusive nature of the elective remedy when a complaint is dismissed by the State Division of Human Rights for "administrative convenience...

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