Matter of Delkap Mgt., Inc. v New York State Div. of Human Rights

Matter of Delkap Mgt., Inc. v New York State Div. of Human Rights 2019 NY Slip Op 02260 Decided on March 26, 2019 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 26, 2019
No. 47 SSM 4

[*1]In the Matter of Delkap Management, Inc. et al., Respondents,

v

New York State Division of Human Rights, Appellant, et al., Respondent.

Submitted by Toni Ann Hollifield, for appellant.

Submitted by Jacqueline Handel-Harbour, for respondents.

On review of submissions pursuant to section 500.11 of the Rules, judgment, insofar as appealed from, reversed, with costs, petition dismissed in its entirety, and cross petition granted to the extent that the determination of the New York State Division of Human Rights is confirmed. The Appellate Division erroneously set aside a portion of the agency's determination. Chief Judge DiFiore and Judges Rivera, Stein, Fahey and Wilson concur. Judges Garcia and Feinman dissent and vote to affirm, insofar as appealed from, for reasons stated by the Appellate Division (see Matter of Delkap Mgt., Inc. v New York State Div. of Human Rights, 144 AD3d 1148 [2016]).

Decided March 26, 2019