Matter of Delkap Mgt., Inc. v New York State Div. of Human Rights, 33 NY3d 925 (2019)

2019 NY Slip Op 02260 [33 NY3d 925]
March 26, 2019
Court of Appeals

[*1]

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.

{**33 NY3d at 925} OPINION OF THE COURT

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]).