Opinion
October 24, 1983
Proceeding pursuant to section 298 Exec. of the Executive Law to review a determination of the State Human Rights Appeal Board, dated January 18, 1983, which, after a hearing, dismissed petitioner's appeal as untimely. Determination confirmed and proceeding dismissed, without costs or disbursements. Petitioner's appeal to the State Human Rights Appeal Board was untimely in that it was not filed within the statutory time limit, that is, within 18 days of the mailing of the determination and order of the State Division of Human Rights finding no probable cause to believe that petitioner had been discriminated against as alleged (Executive Law, § 297-a, subd 6, par c; 9 NYCRR 550.4 [c]). It is conceded that timely notice was received by petitioner's husband, who forwarded a letter to the board acknowledging same. Accordingly, the board was without jurisdiction to review the determination of the division ( Matter of Campbell v New York State Human Rights Appeal Bd., 89 A.D.2d 659, 660; State Div. of Human Rights v Xerox Corp., 57 A.D.2d 1069, 1070; see, also, Matter of State Div. of Human Rights v Fairway Apts. Corp., 39 A.D.2d 761, affd 33 N.Y.2d 754; Matter of State Div. of Human Rights v Merante, 35 A.D.2d 652, 653). Mollen, P.J., Thompson, Rubin and Boyers, JJ., concur.