Matter of VSA Architectural Consultants, P.C. v State of N.Y. Div. of Human Rights, 2018 NY Slip Op 08567 [167 AD3d 494]

December 13, 2018

Appellate Division, First Department

[*1]

In the Matter of VSA Architectural Consultants, P.C., Petitioner,

v

State of New York Division of Human Rights et al., Respondents.

Bierman & Associates, New York (Mark H. Bierman of counsel), for petitioner.

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.

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 NY2d 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 NY2d 692 [2002]). Given the procedural posture of this appeal, we cannot address the validity of the Agency’s jurisdictional analysis. Concur—Richter, J.P., Manzanet-Daniels, Tom, Webber, Gesmer, JJ..