State Division of Human Rights v. American Can Co.

Determination unanimously confirmed, without costs. Memorandum: The Human Rights Appeal Board, without reaching the merits, dismissed petitioner’s appeal from the division’s order of no probable cause because the appeal board found the division delayed more than 180 days in investigating and determining his complaint of unlawful discrimination (see Executive Law, § 297, subd 2). All the parties to this proceeding concede, and we agree, that the statutory time limits are directory and not mandatory and that the appeal board erred in dismissing the appeal on these procedural grounds (see Matter…