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MATTER OF MURPHY v. KIRKLAND

2009-11244

88 A.D.3d 267 (2011)

928 N.Y.S.2d 333

2011 NY Slip Op 6271

In the Matter of JOHN MURPHY, Petitioner/Cross-Respondent, v. GALEN D. KIRKLAND et al., Respondents, and STATE DIVISION OF HUMAN RIGHTS, Respondent/Cross-Petitioner.

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

Decided August 16, 2011.

Attorney(s) appearing for the Case

Franklin, Gringer & Cohen, P.C., Garden City ( Joshua Marcus of counsel), for petitioner/cross-respondent.

Caroline J. Downey , Bronx ( Michael K. Swirsky of counsel), for respondent/cross-petitioner.

MASTRO, J.P., LEVENTHAL and MILLER, JJ., concur.

OPINION OF THE COURT

BALKIN, J.

The primary issue before us is whether, in this administrative proceeding brought under the Human Rights Law (Executive Law art 15), the New York State Division of Human Rights (hereinafter the Division) abused its discretion in amending the administrative complaint (hereinafter the complaint) by adding another respondent after the one-year limitations period set forth in Executive Law § 297 (5) had expired, and after...

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