PEEK v. NEW YORK STATE DIVISION OF HUMAN RIGHTS


16 Misc.3d 346 (2007)

835 N.Y.S.2d 877

WILLIAM PEEK, Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.

Supreme Court, Albany County.

May 11, 2007.


Attorney(s) appearing for the Case

Peter Henner, Clarksville, for petitioner.

Caroline J. Downey, Bronx (Michael K. Swirsky of counsel), for New York State Division of Human Rights and another, respondents.

Andrew M. Cuomo, Attorney General, Albany (Andrew R. Lind of counsel), for New York State Department of Correctional Services, respondent.

Robert E. Harris, Albany, for Barbara Bracci-O'Sullivan, respondent.


OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

Petitioner commenced the instant CPLR article 78 proceeding in the nature of prohibition seeking to enjoin the respondents from proceeding with a hearing on claims of sexual harassment and employment discrimination brought by respondent Bracci-O'Sullivan. The petition is based upon claims that the Division of Human Rights does not have subject matter jurisdiction...

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