Legal Opinion

Rochester-Monroe County Chapter, American National Red Cross v. Kramarsky

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1979Published

1Opinion of the Court

Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: The State Division of Human Rights (Division) determined the existence of probable cause 20 months after the filing of the complaint herein alleging discrimination, and 10 months later, it scheduled the public hearing. Here petitioner claims that the Division failed to act within the time schedule specified by section 297 (subd 2; subd 4, par a) of the Executive Law and that actual prejudice resulted from the delay. The time limitations are directory and not mandatory and the Division is not divested of…

2Cases cited6 opinions

  1. Sarkisian Bros. v. State Division of Human RightsNew York Court of Appeals · 1979
  2. Tessy Plastics Corp. v. State Division of Human RightsNew York Court of Appeals · 1979
  3. State Division of Human Rights v. Pennwalt Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  4. State Division of Human Rights v. Monroe County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1979
  5. Xerox Corp. v. KramarskyAppellate Division of the Supreme Court of the State of New York · 1979

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