Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Appeal dismissed because of a procedural misstep

Appeal dismissed because of a procedural misstep
Matter of Rumman v Duane Reade, 2009 NY Slip Op 05968, decided on July 21, 2009, Appellate Division, Second Department

The Commissioner of the New York State Division of Human Rights adopted the finding of an Administrative Law Judge that Dilruba Rumman failed to demonstrate termination from her employment was a pretext for unlawful discrimination, and dismissed the administrative complaint.

Rumman appealed, only to have her appeal dismissed by the Appellate Division on procedural grounds.

The Appellate Division said that an appeal to review a determination of the New York State Division of Human Rights "shall be commenced by the filing of a notice of petition and petition naming as respondents the State Division of Human Rights and all other parties appearing in the proceeding before the State Division of Human Rights" (22 NYCRR 202.57[a]).

Here, however, Rumman failed to join the New York State Division of Human Rights.

Accordingly, said the court, it is required to dismiss Rumman?s appeal.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_05968.htm

Full post as published by New York Public Personnel Law on July 27, 2009 (boomark / email).