TEBAN v. KINGSWOOD MANAGEMENT CORP

As the IAS Court correctly observed, the amendment to Executive Law § 297 (9), providing that a complaint filed by the Equal Employment Opportunity Commission (EEOC) with the State Division of Human Rights was not to be deemed an election of an administrative remedy, applies only to complaints filed with the EEOC on or after July 15, 1991 (L 1991, ch 342, § 2). Since plaintiff filed with the EEOC before July 15, 1991, the amendment does not apply, and the filing was properly deemed to bar State court remedies ( Scott v. Carter-Wallace, Inc., 147 A.D.2d 33, 38, lv dismissed 75 N.Y.2d 764).

Concur — Rosenberger, J.P., Rubin, Ross, Nardelli and Mazzarelli, JJ.