Legal Opinion
Marine Midland Bank, N. A. v. New York State Division of Human Rights
New York Court of Appeals
Decided December 21, 1989PublishedCited by 39 opinions
1Opinion of the Court
OPINION OF THE COURT
Alexander, J.
The -question presented on this appeal is whether the State Division of Human Rights may properly dismiss "for administrative convenience” a complaint which is time barred by Executive Law § 297 (5). We conclude that such a dismissal is not authorized because it would contravene the statutory scheme requiring a complainant to elect a remedy in either an administrative or a judicial forum (see, Executive Law § 297 *244[9]). Thus the order of the Appellate Division must be reversed.
I
On April 15, 1986 respondent Morse, a former employee of petitioner Marine Midland…
2Cases cited5 opinions
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Baer v. NyquistNew York Court of Appeals · 1974
- Emil v. DeweyNew York Court of Appeals · 1980
- Pan American World Airways, Inc. v. New York State Human Rights Appeal BoardNew York Court of Appeals · 1984
- Avon Products, Inc. v. State Division of Human RightsNew York Supreme Court · 1988
3Cited by39 opinions
- Jocelyn Whidbee, Shirlene Tranquille v. Garzarelli Food Specialties, Inc., Ed and John Garzarelli, OwnersCourt of Appeals for the Second Circuit · 2000
- Vincent MOODIE, Plaintiff-Appellant, v. FEDERAL RESERVE BANK OF NEW YORK, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1995
- Higgins v. NYP Holdings, Inc.District Court, S.D. New York · 2011
- New York City Department of Environmental Protection v. New York City Civil Service CommissionNew York Court of Appeals · 1991
- Murphy v. KirklandAppellate Division of the Supreme Court of the State of New York · 2011
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