| Matter of Delkap Mgt., Inc. v New York State Div. of Human Rights |
| 2019 NY Slip Op 02260 [33 NY3d 925] |
| March 26, 2019 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, May 8, 2019 |
| In the Matter of Delkap Management, Inc., et al., Respondents, v New York State Division of Human Rights, Appellant, et al., Respondent. |
Decided March 26, 2019
Matter of Delkap Mgt., Inc. v New York State Div. of Human Rights, 144 AD3d 1148, reversed.
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.
Memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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.
Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey and Wilson; 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]).