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Powell v. New York State Div. of Human Rights

Appellate Division of the Supreme Court of New York, Third Department
Nov 3, 1977
59 A.D.2d 973 (N.Y. App. Div. 1977)

Opinion

November 3, 1977


Motion by respondent New York State Department of Transportation granted, without costs, and proceeding pursuant to section 298 Exec. of the Executive Law dismissed as untimely. The motion papers indicate that petitioner failed to properly commence this proceeding by the filing and service of a notice of motion and petition within 30 days of the service of the appeal board order as required by the statute (Executive Law, § 298). In view of this, we have no jurisdiction to entertain the proceeding (see e.g. Denson v Buffalo Evening News, 45 A.D.2d 931). Were we to reach the merits of this matter, we would confirm the determination of the Division of Human Rights dismissing the complaint for lack of probable cause (see, e.g. Matter of Heron v Albany Law School, 57 A.D.2d 672). Kane, J.P., Mahoney, Main, Larkin and Herlihy, JJ., concur.


Summaries of

Powell v. New York State Div. of Human Rights

Appellate Division of the Supreme Court of New York, Third Department
Nov 3, 1977
59 A.D.2d 973 (N.Y. App. Div. 1977)
Case details for

Powell v. New York State Div. of Human Rights

Case Details

Full title:NELSON POWELL, Petitioner v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 3, 1977

Citations

59 A.D.2d 973 (N.Y. App. Div. 1977)

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