Citation Numbers: 70 A.D.3d 1414, 894 N.Y.S.2d 629
Filed Date: 2/11/2010
Status: Precedential
Modified Date: 11/1/2024
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [William E Polito, J.], entered August 18, 2009) to annul a determination of respondent New York State Division of Human Rights. The determination dismissed petitioner’s complaints alleging unlawful discrimination and retaliation by respondents Christopher C. Dahl, President, State University of New York at Geneseo, and State University of New York at Geneseo.
It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.
Petitioner contends that SDHR failed to comply with various time limits set forth in Executive Law § 297. Those time limits, however, are directory rather than mandatory, and in any event petitioner has not demonstrated substantial prejudice as a result of the minimal delays (see Union Free School Dist. No. 6 of Towns of Islip & Smithtown v New York State Human Rights Appeal Bd., 35 NY2d 371, 380-381 [1974], rearg denied 36 NY2d 807 [1975]; Matter of 121-129 Broadway Realty v New York State Div. of Human Rights, 43 AD2d 754 [1973]). We have considered petitioner’s remaining contentions and conclude that they are without merit. Present—Centra, J.P., Fahey, Peradotto, Garni and Lindley, JJ.