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Wegmans Food Markets, Inc. v. New York State Division of Human Rights
Citations: 245 A.D.2d 685; 664 N.Y.S.2d 685; 1997 N.Y. App. Div. LEXIS 12602
Court: Appellate Division of the Supreme Court of the State of New York; December 3, 1997; New York; State Appellate Court
The Supreme Court of Broome County granted an application to annul the State Division of Human Rights' (SDHR) dismissal of Therone Williams' discrimination complaint against Wegmans Food Markets, Inc. Williams, an African-American, claimed he was discharged due to race and physical disability. In November 1996, SDHR dismissed the complaint for administrative convenience because Williams had initiated a Federal lawsuit with the same allegations. The petitioners sought to annul this dismissal under Executive Law § 298, arguing it was arbitrary and violated the election of remedies under Executive Law § 297(9). The Supreme Court agreed, highlighting that the dismissal did not reflect Williams' intention, as there was no evidence he aimed to pursue his Federal remedy before filing the administrative complaint. The court noted the significant time gap between the two filings suggested Williams initially sought an administrative remedy. The appeal by SDHR became moot following a settlement between the parties. The court found that even if the merits were addressed, the dismissal by SDHR was arbitrary and violated regulations regarding the election of remedies. The appeal was dismissed without costs, with concurrence from Judges White, Yesawich Jr., Peters, and Carpinello.