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MATTER OF KEN EDRICH LEATHER ACCESSORIES, INC. v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

269 A.D.2d 334 (2000)

703 N.Y.S.2d 914

In the Matter of KEN EDRICH LEATHER ACCESSORIES, INC., et al., Appellants, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

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

Decided February 29, 2000.

Petitioners' argument that a writ of prohibition is warranted because they are not employers within the meaning of Executive Law § 292 (5) and the complainant is not an employee within the meaning of Executive Law § 292 (6) was properly rejected. Petitioners' failure to exhaust administrative remedies bars this proceeding (see, Matter of Tessy Plastics Corp. v State Div. of Human Rights, 47 N.Y.2d 789; Watergate II Apts...

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