Opinion
June 21, 1994
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
In accordance with Matter of General Motors Corp. — Delco Prods. Div. v. Rosa ( 82 N.Y.2d 183), and there being no objection by respondent, we remand the matter to respondent for review by a decision maker who has had no prior involvement of any sort with this matter. We add that there is no need to reopen the hearing since the record is facially complete (Matter of County of Westchester v. New York State Div. of Human Rights, 199 A.D.2d 390), and there is no merit to petitioner's claim that respondent's failure to process the administrative complaint within the time schedules contained in Executive Law § 297 has caused it substantial prejudice warranting dismissal of the complaint (see, Matter of Sarkisian Bros. v. State Div. of Human Rights, 48 N.Y.2d 816).
Concur — Sullivan, J.P., Carro, Wallach, Rubin and Williams, JJ.