Peek v. New York State Division of Human Rights

OPINION OF THE COURT

George B. Ceresia, Jr., J.

*347Petitioner commenced the instant CPLR article 78 proceeding in the nature of prohibition seeking to enjoin the respondents from proceeding with a hearing on daks of sexual harassment and employment discrimination brought by respondent BracciO’Sullivan. The petition is based upon claims that the Division of Human Rights does not have subject matter jurisdiction over the underlying claims as a result of the claimant, respondent Bracci-O’Sullivan herein, having commenced an action in federal court seeking similar relief. Petitioner also contends that…