Opinion
March 3, 1986
Appeal from the Supreme Court, Kings County (Levine, J.).
Order affirmed, with costs.
Executive Law § 297 (9) mandates that the instant complaint be dismissed insofar as it is asserted against the respondent. Prior to the commencement of this action, the plaintiff unsuccessfully filed a complaint before the State Division of Human Rights, wherein, in addition to alleging violations of the Human Rights Law, he alleged that the respondent union tortiously interfered with his contractual rights vis-a-vis his employer by encouraging it to discriminate against him, and that the respondent union fraudulently mischaracterized the nature of his position in a prior proceeding before the National Labor Relations Board. Under these circumstances, Executive Law § 297 (9) precludes the plaintiff from commencing an action against the respondent seeking to relitigate these claims which are based upon the very same incidents complained of in the proceeding before the New York State Division of Human Rights (see, Emil v Dewey, 49 N.Y.2d 968). Lawrence, J.P., Eiber, Kunzeman and Kooper, JJ., concur.