Opinion
June 8, 2000.
Order, Supreme Court, New York County (Herman Cahn, J.), entered April 23, 1999, which granted defendants' motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.
Fredric Ostrove, for plaintiff-appellant.
Kathleen M. McKenna, for defendants-respondents.
Before: Williams, J.P., Mazzarelli, Lerner, Andrias, Friedman, JJ.
Plaintiff failed to state a cause of action for retaliation under the State Human Rights Law (Executive Law § 296 Exec.[1][e]) since he did not allege that he had been retaliated against for participating in a formal Human Rights Law proceeding (see,Vasconcelos v. Meese, 907 F.2d 111, 113) and did not support or aid another's prosecution of a Human Rights Law complaint (cf., Smith v. Columbus Metropolitan Hous. Auth., 443 F. Supp. 61, 63). Additionally, even if the claim of a violation of the anti-retaliation provision of the City Human Rights Law (Administrative Code of the City of N.Y. § 8-107[7]), made by plaintiff for the first time on appeal, were properly before us, we would find that no claim for relief under the cited Administrative Code section has been stated by plaintiff.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.