Lezzieri v. State Division of Human Rights

Appellate Division of the Supreme Court of New York

Lezzieri v. State Division of Human Rights

23 A.D.3d 179, 803 N.Y.S.2d 426

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

DecidedNovember 1, 2005

StatusPublished

This text of 23 A.D.3d 179 (Lezzieri v. State Division of Human Rights) 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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Lezzieri v. State Division of Human Rights, 23 A.D.3d 179, 803 N.Y.S.2d 426 (N.Y. Ct. App. 2005).

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Opinion

Order and judgment, Supreme Court, New York County (Debra A. James, J.), entered on or about August 23, 2004, which denied petitioner’s application to annul the determination of respondent State Division of Human Rights of no probable cause to believe that respondent landlord had discriminated against petitioner on the basis of disability, and dismissed the proceeding, unanimously affirmed, without costs.

The finding of no probable cause is rationally supported by a record showing that the accommodation petitioner seeks, another apartment, cannot presently be offered without causing petitioner to lose her section 8 federal housing subsidy and is unrelated to any alleged discrimination. Concur—Sullivan, J.P., Ellerin, Williams, Gonzalez and McGuire, JJ.

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Order and judgment, Supreme Court, New York County (Debra A. James, J.), entered on or about August 23, 2004, which denied petitioner’s application to annul the determination of respondent State Division of Human Rights of no probable cause to believe that respondent landlord had discriminated against petitioner on the basis of disability, and dismissed the proceeding, unanimously affirmed, without costs.

The finding of no probable cause is rationally supported by a record showing that the accommodation petitioner seeks, another apartment, cannot presently be offered without causing petitioner to lose her section 8 federal housing subsidy and is unrelated to any alleged discrimination. Concur—Sullivan, J.P., Ellerin, Williams, Gonzalez and McGuire, JJ.

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Bluebook (online)

23 A.D.3d 179, 803 N.Y.S.2d 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lezzieri-v-state-division-of-human-rights-nyappdiv-2005.