Firenze v. Rosa

Appellate Division of the Supreme Court of New York

Firenze v. Rosa

210 A.D.2d 479, 620 N.Y.S.2d 1006

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 27, 1994

StatusPublished

This text of 210 A.D.2d 479 (Firenze v. Rosa) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Firenze v. Rosa, 210 A.D.2d 479, 620 N.Y.S.2d 1006 (N.Y. Ct. App. 1994).

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Opinion

—Proceeding pursuant to Executive Law § 298 to review a determination of the New York State Division of Human Rights, dated March 30, 1992, which, upon a finding that there was no probable cause, dismissed the complaint.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The Supreme Court should have decided the instant proceeding on the merits and erred in transferring it to this Court (see, Executive Law §298). However, this Court will resolve the matter in the interest of judicial economy.

The determination of the New York State Division of Human Rights dismissing the petitioner’s complaint alleging sex discrimination for lack of probable cause was supported by sufficient evidence on the record considered as a whole and had a rational basis (see, Executive Law § 297 [2] [a]; Matter of New York City Tr. Auth. v State Div. of Human Rights, 78 NY2d 207, 215; Frederique v Great Neck Pub. School UFSD No. 7, 140 AD2d 667; Masserman v New York State Div. of Human Rights, 138 AD2d 464). O’Brien, J. P., Hart, Goldstein and Florio, JJ., concur.

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—Proceeding pursuant to Executive Law § 298 to review a determination of the New York State Division of Human Rights, dated March 30, 1992, which, upon a finding that there was no probable cause, dismissed the complaint.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The Supreme Court should have decided the instant proceeding on the merits and erred in transferring it to this Court (see, Executive Law §298). However, this Court will resolve the matter in the interest of judicial economy.

The determination of the New York State Division of Human Rights dismissing the petitioner’s complaint alleging sex discrimination for lack of probable cause was supported by sufficient evidence on the record considered as a whole and had a rational basis (see, Executive Law § 297 [2] [a]; Matter of New York City Tr. Auth. v State Div. of Human Rights, 78 NY2d 207, 215; Frederique v Great Neck Pub. School UFSD No. 7, 140 AD2d 667; Masserman v New York State Div. of Human Rights, 138 AD2d 464). O’Brien, J. P., Hart, Goldstein and Florio, JJ., concur.

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Bluebook (online)

210 A.D.2d 479, 620 N.Y.S.2d 1006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firenze-v-rosa-nyappdiv-1994.

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