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MATTER OF NEW YORK CITY TRANSIT AUTHORITY v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

33 A.D.3d 617 (2006)

821 N.Y.S.2d 470

In the Matter of NEW YORK CITY TRANSIT AUTHORITY, Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent.

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

Decided October 3, 2006.

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

The proceeding to review a nonfinal administrative determination, remitting the complaint for a rehearing to complete the record, was properly dismissed as premature (see Executive Law § 298; CPLR 7801; Matter of National Westminster Bank USA v Rosa, 201 A.D.2d 314 [1994]; Matter of City of Albany v New York State Div. of Human Rights,

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