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• Title: Matter State Division Human Rights v. Dominic Merante Et Al.
• Author : Supreme Court of New York
• Release Date : January 23, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

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[35 A.D.2d 652 Page 652] Memorandum by the Court. Application pursuant to section 298 of the Executive Law to enforce an order made by the State
Commissioner of Human Rights, dated January 20, 1970, which, among other things, imposes damages of $500, directs the respondents
to cease and desist from certain discriminatory practices and requires the performance of certain affirmative acts. Respondents
move for: (1) an extension of time to permit an appeal to the Human Rights Appeal Board, or (2) a dismissal of the proceeding.
In the alternative, they ask for an extension to allow them to appeal to this court and that Thomas Merante be dropped as
a party respondent. The State Human Rights Appeal Board is required to hear appeals by any party to any proceeding from all
orders of said Commissioner, provided such appeals are commenced by filing a notice of appeal with the board within 15 days
after service of such order (Executive Law, 297-a, subd. 6, par. c), but this court has no power to extend said time. Although
section 298 of the Executive Law provides that a respondent aggrieved by an order of the board may obtain judicial review
thereof, the court should not act until the administrative remedies provided by law have been exhausted (People ex rel. Uvalde
Asphalt Paving Co. v. Seaman, 217 N. Y. 70; Allegheny Airlines v. Fowler, 261 F. Supp. 508). We note, however, that it was
error for the hearing officer to prevent respondent Thomas [35 A.D.2d 652 Page 653]

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