General Railway Signal Co. v. New York State Division of Human Rights

Schnepp and Moule, JJ.

(dissenting). The Court of Appeals has recently reaffirmed the rule that failure to comply with the time limitations of section 297 of the Executive Law does not alone divest the State Division of Human Rights of jurisdiction (Matter of Sarkisian Bros. v State Div. of Human Rights, 48 NY2d 816). The court stated that the mere passage of time does not indicate substantial prejudice. Delay, however, occasioned by an egregious violation of the time limitations coupled with a showing of actual injury becomes jurisdictional and may justify a grant of prohibition. Here there…