Opinion
December 7, 1992
Adjudged that the proceeding is dismissed, with costs to the respondent Societe Internationale de Telecommunications Aeronautiques.
Although we note that it appears that no hearing was held pursuant to law, and consequently that this proceeding was improperly transferred to this Court by the Supreme Court, Suffolk County (see, Executive Law § 298), we will nonetheless determine the issues presented (see, Matter of 125 Bar Corp. v State Liq. Auth., 24 N.Y.2d 174; Matter of D'Ornellas v Ortiz, 119 A.D.2d 459).
We find that this petition must be dismissed on the ground that it was not timely filed with the Supreme Court pursuant to Executive Law § 298, which requires that the proceeding be instituted within 60 days of the service of the order dismissing the complaint. Although the order of the respondent New York State Division of Human Rights dismissing the complaint was dated and mailed on December 29, 1989, the petition was not filed with the Supreme Court until April 2, 1990, more than three months later.
In any event, we find that the determination of the New York State Division of Human Rights that there was no probable cause to believe that the respondent Societe Internationale de Telecommunications Aeronautiques engaged in unlawful discriminatory practices was amply supported by the record (see, Matter of Schmitt v Kiley, 124 A.D.2d 661; Giaquinto v New York Tel. Co., 135 A.D.2d 928; Matter of Silk v Huck Installation Equip. Div., 109 A.D.2d 930; Matter of Vadney v State Human Rights Appeal Bd., 93 A.D.2d 935). Bracken, J.P., Sullivan, Copertino and Santucci, JJ., concur.