Opinion
July 2, 1970
Determination of State Human Rights Appeals Board, dated May 6, 1970, which dismissed petitioner's appeal to the board from an order of the Commissioner of Human Rights, dated March 9, 1970, unanimously confirmed, without costs and without disbursements. The cross motion to dismiss the petition on the grounds that the order of the Appeals Board, sought to be reviewed, is not appealable under section 298 Exec. of the Executive Law, is denied. The order of the Commissioner had denied petitioner's application to dismiss the complaint for lack of jurisdiction; the denial being without prejudice to petitioner's right to raise that objection before the hearing examiner on the further hearing. The dismissal by the Appeals Board was predicated upon the intermediate character of the ruling by the Commissioner. We agree that the Appeals Board properly determined that its jurisdiction to review orders of the Commissioner is restricted by section 297 Exec. of the Executive Law and rule III (10) (4) of the Appeals Board ( 9 NYCRR 550.3 [j] [4]) to final dispositions. On the other hand, there is no basis for the contention, urged in the cross motion, that this court's jurisdiction to review orders of the Appeals Board is restricted to orders which deal solely with the merits of any complaint. Section 298 Exec. of the Executive Law provides that any person aggrieved by any order of the board may obtain judicial review in this court. Clearly, petitioner was aggrieved by the dismissal of the appeal by the Appeals Board, and consequently was entitled to have this court review that determination. It is to be noted that in affirming the order of the Appeals Board the court has not reached the merits of any of the issues attempted to be raised by petitioner.
Concur — Stevens, P.J., McGivern, Markewich and Steuer, JJ.