New York & Presbyt. Hosp. v New York State Div. of Human Rights

New York & Presbyt. Hosp. v New York State Div. of Human Rights 2010 NY Slip Op 08371 [78 AD3d 507] November 16, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

New York and Presbyterian Hospital, Appellant,
v
New York State Division of Human Rights et al., Respondents.

—[*1] Epstein Becker & Green, P.C., New York (Aime Dempsey of counsel), for appellant.

Caroline J. Downey, Bronx (Michael K. Swirsky of counsel), for respondents.

Judgment, Supreme Court, Bronx County (Mark Friedlander, J.), entered March 10, 2009, dismissing this CPLR article 78 proceeding to annul an administrative order, dated July 28, 2008, unanimously affirmed, without costs.

The Commissioner's sua sponte order to reopen a hearing on unlawful discrimination against an employee of petitioner for the purpose of completing the record was not a final determination within the meaning of CPLR 7801 (1) (see Executive Law § 298), rendering petitioner's challenge premature (Matter of New York City Tr. Auth. v New York State Div. of Human Rights, 33 AD3d 617 [2006]). Nor does it fall within any of the exceptions to the rule of finality or the requirement to exhaust administrative remedies (see Matter of Bettina Equities Co. LLC v State of N.Y. Exec. Dept., State Div. of Human Rights, 9 AD3d 296 [2004]). Concur—Friedman, J.P., Sweeny, Catterson, Renwick and RomÁn, JJ.