In the Matter of Lester v. New York State Office of Parks, Recreation & Historic Preservation , 57-year-old Roy Lester filed suit against the New York State Office of Parks, Recreation & Historic Preservation alleging age discrimination.
Lester claimed Parks had perpetrated the misconduct because he refused to wear the required "Speedo" swimwear while he tried to requalify as a seasonal lifeguard.
Some two months after the State Division of Human Rights (DHR) ruled against him, Lester sought judicial review of the agency's determination. When the Nassau County Supreme Court dismissed the challenge as untimely, Lester appealed to the Appellate Division, Second Department.
If you would like a court to review a DHR decision, a case must be brought within 60 days after service of that determination. Although Lester claimed his time was extended by a state statute -- CPLR 2103 -- the AD2 thought that law applied to deadlines in a "pending action," rather than an administrative proceeding.
We're wondering whether the Court of Appeals will get to look into that.
To download a copy of the Appellate Division's decision, please use this link: Matter of Lester v. New York State Office of Parks, Recreation & Historic Preservation