Randy—The Salon v. New York State Division of Human Rights
Opinion of the Court
Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition prohibiting the State Division of Human Rights (SDHR) from proceeding further upon the complaint of Thomas B., which alleged employment discrimination based upon a perceived disability. The SDHR has jurisdiction to investigate complaints of discrimination and any error of law in the exercise of that jurisdiction must first be challenged by administrative review before judicial review pursuant to section 298 of the Executive Law is available (Matter of Tessy Plastics Corp. v State Div. of Human Rights, 47 NY2d 789, 791). The extraordinary writ of prohibition does not lie to challenge the SDHR’s initial acceptance of jurisdiction over a complaint of discrimination (Matter of Richards v Mangum,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.