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MATTER OF DELKAP MANAGEMENT, INC. v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

No. 47 SSM 4.

33 N.Y.3d 925 (2019)

121 N.E.3d 283

97 N.Y.S.3d 655

2019 NY Slip Op 02260

In the Matter of DELKAP MANAGEMENT, INC., et al., Respondents, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Appellant, et al., Respondent.

Court of Appeals of New York.

Decided March 26, 2019.

Attorney(s) appearing for the Case

Caroline J. Downey , General Counsel, New York State Division of Human Rights, Bronx ( Toni Ann Hollifield of counsel), for appellant.

Sperber Denenberg & Kahan, P.C., New York City ( Jacqueline Handel-Harbour of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), judgment, insofar as appealed from, reversed, with costs, petition dismissed in its entirety, and cross petition granted to the extent that the determination of the New York State Division of Human Rights is confirmed. The Appellate Division erroneously set aside a portion of the agency's determination.

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