Matter of ESNA Management Corp. v New York State Division of Human
Motion No: 2018-06380
Slip Opinion No: 2019 NY Slip Op 70833(U)
Decided on May 20, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262781

E/mm

REINALDO E. RIVERA, J.P.

HECTOR D. LASALLE

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2018-06380

In the Matter of ESNA Management Corp.,

etc., petitioner, v New York State

Division of Human Rights, respondent.

(Proceeding No. 1)

In the Matter of New York State Division

of Human Rights, petitioner, v ESNA

Management Corp., etc., respondent.

(Proceeding No. 2)

(Index No. 523413/17)

DECISION & ORDER ON MOTION

Motion by New York State Division of Human Rights, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its proceeding pursuant to Executive Law § 298, transferred to this Court by order of the Supreme Court, Kings County, dated May 11, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Cross motion by ESNA Management Corp., inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its proceeding pursuant to Executive Law § 298, also transferred to this Court by the order dated May 11, 2018, which also was deemed dismissed pursuant to 22 NYCRR 1250.10(a).

Upon the papers filed in support of the motion and cross motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., LASALLE, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court