Business v. N.Y. State Div. of Human Rights (In re El Agave Mexican Grill, Inc.)

Full title: IN THE MATTER OF EL AGAVE MEXICAN GRILL, INC., DOING BUSINESS AS AGAVE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Sep 5, 2019

2019 N.Y. Slip Op. 79679 (N.Y. App. Div. 2019)

Opinion

TP 19-00574

09-05-2019

IN THE MATTER OF EL AGAVE MEXICAN GRILL, INC., DOING BUSINESS AS AGAVE MEXICAN GRILL AND ALFREDO RAMIREZ, OWNER, PETITIONERS, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, ON BEHALF OF AMY LYNN GAGLIANO, RESPONDENTS.

SMITH, J.P., PERADOTTO, LINDLEY, DEJOSEPH, AND CURRAN, JJ.

PRESENT:

Petitioners having moved for dismissal or annulment of the final order of respondents New York State Division of Human Rights, on behalf of Amy Lynn Gagliano issued on March 29, 2016, and for other summary relief in this CPLR article 78 proceeding transferred to this Court by an order of the County Court, Monroe County, entered June 27, 2018,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss or annul the final order of respondent issued on March 29, 2016, and for other summary relief, and

It is further ORDERED that the proceeding is removed from the day calendar of September 12, 2019, and

It is further ORDERED that petitioners shall file and serve a brief in accordance with this Court's rules on or before September 30, 2019, and

It is further ORDERED that respondents shall file and serve a brief in accordance with this Court's rules on or before November 4, 2019.

Entered: September 5, 2019

Mark W. Bennett

Clerk of the Court