Legal Opinion
State Division of Human Rights v. Berler
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 2007PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.P
The primary issue presented on this appeal is whether the Supreme Court was authorized, pursuant to CPLR 2308 (b) (1), in effect, to preclude the State Division of Human Rights (here*34inafter the State Division) from considering certain documents as evidence in an administrative proceeding entitled Matter of Persuad v North Shore Internal Medicine Associates, P.C. For the reasons that follow, we find that CPLR 2308 (b) (1) does not encompass, as a penalty or sanction, the preclusion of evidence and does not permit the Supreme Court, in effect, to interfere with…
2Cases cited18 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Nolan v. LungenNew York Court of Appeals · 1984
- MTR. OF NOLAN v. Court of Gen. SessionsNew York Court of Appeals · 1962
- Ragucci v. Professional Construction ServicesAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by4 opinions
- Pro Home Builders, Inc. v. GreenfieldAppellate Division of the Supreme Court of the State of New York · 2009
- Balsam v. FioriglioAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Mario v. New York State Div. of Human RightsAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Maragos v. Town of Hempstead Indus. Dev. AgencyAppellate Division of the Supreme Court of the State of New York · 2019