State Division of Human Rights v. Bystricky

The appeal presents the primary issue whether, upon an application to the Appellate Division for an order to enforce an order of the Human Rights Appeal Board imposing sanctions, upon finding respondent guilty of an unlawful discriminatory practice1, the Appellate Division may consider the merits of the board’s determination despite respondent’s failure to seek judicial review of the order finding discrimination, within the 30-day period limited by the statute. The Appellate Division considered that it had power to review the merits, and, upon finding that the board’s determination was not…