Gonzalez v. Phoenix Service Technologies, Inc.

Appellate Division of the Supreme Court of New York

Gonzalez v. Phoenix Service Technologies, Inc.

250 A.D.2d 612, 671 N.Y.S.2d 989, 1998 N.Y. App. Div. LEXIS 4884

Appellate Division of the Supreme Court of the State of New York·Decided May 4, 1998·Published

Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Human Rights, dated August 27, 1996, which dismissed the petitioner’s complaint upon a finding that there was no probable cause to believe that the respondent Phoenix Service Technologies, Inc. had engaged in an unlawful discriminatory practice, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Stark, J.), entered February 7, 1997, which denied the petition and dismissed the proceeding.

[613]*613Ordered that the judgment is affirmed, without costs or disbursements.

The no probable cause determination of the New York State Division of Human Rights has a rational basis and is amply supported by the record (see, Matter of Hone v New York State Div. of Human Rights, 223 AD2d 761; Matter of Silk v Huck Installation & Equip. Div., 109 AD2d 930). Consequently, the Supreme Court properly denied the petition and dismissed the proceeding. Bracken, J. P., Copertino, Pizzuto and Altman, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Human Rights, dated August 27, 1996, which dismissed the petitioner’s complaint upon a finding that there was no probable cause to believe that the respondent Phoenix Service Technologies, Inc. had engaged in an unlawful discriminatory practice, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Stark, J.), entered February 7, 1997, which denied the petition and dismissed the proceeding.

[613]*613Ordered that the judgment is affirmed, without costs or disbursements.

The no probable cause determination of the New York State Division of Human Rights has a rational basis and is amply supported by the record (see, Matter of Hone v New York State Div. of Human Rights, 223 AD2d 761; Matter of Silk v Huck Installation & Equip. Div., 109 AD2d 930). Consequently, the Supreme Court properly denied the petition and dismissed the proceeding. Bracken, J. P., Copertino, Pizzuto and Altman, JJ., concur.

Gonzalez v. Phoenix Service Technologies, Inc., 250 A.D.2d 612, 671 N.Y.S.2d 989, 1998 N.Y. App. Div. LEXIS 4884 (N.Y. Ct. App. 1998).

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Opinion

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