IN RE: DELKAP MANAGEMENT (2019)

Court of Appeals of New York.

IN RE: DELKAP MANAGEMENT, INC. et al., Respondents, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Appellant, et al., Respondent.

No. 47 SSM 4

Decided: March 26, 2019

Caroline J. Downey, General Counsel, New York State Division of Human Rights, Bronx (Toni Ann Hollifield of counsel), for appellant. Sperber Denenberg & Kahan, P.C., New York City (Jacqueline Handel-Harbour of counsel), for respondents.

OPINION OF THE COURT

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.

MEMORANDUM.

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 A.D.3d 1148, 42 N.Y.S.3d 254 (2016) ).

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