TRIBUNE ENTERTAINMENT v. N.Y. STATE DIVISION

Dismissal of the complaint on the ground of administrative convenience prior to public hearing and formal fact finding was not arbitrary and capricious since the complainant will be proceeding in Federal court on identical claims (Executive Law § 297 [c]; Eastman Chem. Prods. v New York State Div. of Human Rights, 162 A.D.2d 157).

Concur — Ellerin, J.P., Wallach, Asch, Nardelli and Tom, JJ.