Opinion
January 21, 2010.
Order and judgment (one paper), Supreme Court, New York County (Paul G. Feinman, J.), entered on or about April 15, 2008, which denied the petition and dismissed the proceeding brought to annul the determination of respondent New York State Division of Human Rights (DHR), dated September 28, 2007, finding no probable cause to believe that respondent Retail Brand Alliance, Inc. had engaged in discriminatory employment practices, unanimously affirmed, without costs.
Before: Gonzalez, P.J., Tom, Sweeny, Catterson and Abdus-Salaam, JJ.
Dismissal of the proceeding was appropriate since it was brought more than 60 days after service of DHR's determination ( see Executive Law § 298; Matter of Gil v New York State Div. of Human Rights, 17 AD3d 365).