Davison v. White

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

The Division’s determination that the petitioners failed to establish compliance with Executive Law § 297 (5) finds a rational basis in the record. That provision requires that a complaint based upon unlawful discrimination be filed within one year of the alleged unlawful discriminatory practice. However, the time within which to file the complaint is extended if the alleged violation is of a continuing nature (9 NYCRR 465.3 [e]; Syracuse v New York State Human Rights Appeal Bd.,…