Opinion
September 26, 1994
Appeal from the Supreme Court, Nassau County (McCarty, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The record clearly indicates that the plaintiff Michele Bachrach commenced the instant action in the Supreme Court, inter alia, to recover damages for sexual harassment and discrimination prior to filing a complaint with the New York State Division of Human Rights, which was subsequently withdrawn. Accordingly, her action is not barred by Executive Law § 297 (9). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.