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

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

DecidedMay 4, 1998

StatusPublished

This text of 250 A.D.2d 612 (Gonzalez v. Phoenix Service Technologies, Inc.) 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.

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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

—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.

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Bluebook (online)

250 A.D.2d 612, 671 N.Y.S.2d 989, 1998 N.Y. App. Div. LEXIS 4884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-phoenix-service-technologies-inc-nyappdiv-1998.

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