Matter of Hill v. New York City Transit Auth

Full title: In the Matter of ELLA HILL, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 11, 1995

222 A.D.2d 506 (N.Y. App. Div. 1995)

635 N.Y.S.2d 540

Opinion

December 11, 1995

Appeal from the Supreme Court, Kings County (Hutcherson, J.).

Ordered that the judgment is affirmed, with costs.

The Supreme Court correctly denied the petition, which asserted a cause of action against the respondents under the Civil Service Law, since the respondents are not bound by the Civil Service Law. Additionally, the Supreme Court did not improvidently exercise its discretion in declining to address the merits of the petitioner's causes of action under the New York State Human Rights Law and the Federal civil rights laws, because these causes of action were not asserted in the petition, but were made in the petitioner's reply, where new causes of action generally may not be interposed (see, Matter of Bergamini v Manhattan Bronx Surface Tr. Operating Auth., 62 N.Y.2d 897; Matter of Serenbetz, 46 N.Y.S.2d 475, affd 267 App. Div. 836). Santucci, J.P., Altman, Friedmann and Goldstein, JJ., concur.