Emil v. Dewey
| Decision Date | 24 April 1980 |
| Citation | 49 N.Y.2d 968,428 N.Y.S.2d 887,406 N.E.2d 744 |
| Parties | , 406 N.E.2d 744 Arthur D. EMIL, Appellant, v. Thomas E. DEWEY, Jr. et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 66 A.D.2d 758, 411 N.Y.S.2d 865, should be affirmed, with costs.
The complaint should be dismissed pursuant to subdivision 9 of section 297 of the Executive Law. The record indicates, and it is conceded, that prior to commencing this action the plaintiff had filed a complaint with the State Division of Human Rights. Although the plaintiff withdrew that complaint prior to any determination by the division; there is no showing this was done for administrative convenience. Under these circumstances the statute (Executive Law, § 297, subd. 9) precludes the plaintiff from commencing an action in court based on the same incident.
Order affirmed.
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