IN RE: VSA Architectural Consultants (2018)

Caroline J. Downey, New York State Division of Human Rights, Bronx (Toni Ann Hollifield of counsel), for State of New York Division of Human Rights respondent.

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Petition to annul a final determination of respondent State of New York Division of Human Rights, dated February 3, 2017 (transferred to this Court by order of Supreme Court, New York County [Arlene P. Bluth, J.], entered July 12, 2017), dismissing the discrimination complaint of respondent Isabel Payano, unanimously dismissed, without costs, as brought by a nonaggreieved party.

Since petitioner “successfully obtained a[n] ․ order in [its] favor” before the agency, it “is not aggrieved by it, and, consequently, has no need and, in fact, no right to” challenge the order (Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 N.Y.2d 539, 544 [1983];  see Executive Law § 298;  Matter of Westchester County Police Officers Benevolent Assn. v Public Empl. Relations Bd. of State of N.Y., 97 N.Y.2d 692 [2002] ).  Given the procedural posture of this appeal, we cannot address the validity of the Agency's jurisdictional analysis.

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CLERK