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MATTER OF ANNEX HOTEL v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

45 A.D.3d 360 (2007)

846 N.Y.S.2d 94

In the Matter of ANNEX HOTEL, Petitioner, 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 November 13, 2007.

We annul for two reasons. First, the inexplicable 17-year delay between the filing of the complaint and respondent's final order caused substantial prejudice to petitioner, whose key witness, the person who allegedly committed the sexual harassment, died before his testimony was taken (see Matter of Sarkisian Bros. v State Div. of Human Rights, 48 N.Y.2d 816, 818 [1979]). Second, respondent lacked jurisdiction. As found by the Administrative...

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