Opinion
February 29, 2000
Judgment, Supreme Court, New York County (Beverly Cohen, J.), entered January 8, 1999, which denied petitioner employers' application pursuant to CPLR article 78 to prohibit respondent human rights agency from taking any further proceedings on a sexual harassment complaint filed against petitioners, and dismissed the petition, unanimously affirmed, without costs.
Barbara T.R. Zimet, for Petitioners-Appellants.
Michael K. Swirsky, for Respondents-Respondents.
WILLIAMS, J.P., WALLACH, SAXE, BUCKLEY, JJ.
Petitioners' argument that a writ of prohibition is warranted because they are not employers within the meaning of Executive Law § 292(5) and the complainant is not an employee within the meaning of Executive Law § 292(6) was properly rejected. Petitioners' failure to exhaust administrative remedies bars this proceeding (see, Matter of Tessy Plastics Corp. v. State Div. of Human Rights, 47 N.Y.2d 789; Watergate II Apts. v. Buffalo Sewer Auth., 46 N.Y.2d 52).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.