Malone v. New York City Commission on Human Rights

Appellate Division of the Supreme Court of New York

Malone v. New York City Commission on Human Rights

29 A.D.3d 364, 813 N.Y.S.2d 659

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

DecidedMay 11, 2006

StatusPublished

Cited by1 cases

This text of 29 A.D.3d 364 (Malone v. New York City Commission on 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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Malone v. New York City Commission on Human Rights, 29 A.D.3d 364, 813 N.Y.S.2d 659 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered May 4, 2005, which denied the petition and dismissed the proceeding brought to annul respondent’s determination, dated January 10, 2005, affirming respondent’s determination and order after investigation, finding no probable cause to pursue petitioner’s complaints alleging racial discrimination by his employer, unanimously affirmed, without costs.

The challenged no-probable-cause determination was rationally based and accordingly not subject to judicial disturbance (see Matter of McFarland v New York State Div. of Human Rights, 241 AD2d 108, 111-112 [1998]). There was no showing that the complained-of conduct was racially motivated.

We have reviewed petitioner’s remaining arguments and find them unavailing. Concur—Buckley, P.J., Saxe, Nardelli, Gonzalez and Catterson, JJ.

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Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered May 4, 2005, which denied the petition and dismissed the proceeding brought to annul respondent’s determination, dated January 10, 2005, affirming respondent’s determination and order after investigation, finding no probable cause to pursue petitioner’s complaints alleging racial discrimination by his employer, unanimously affirmed, without costs.

The challenged no-probable-cause determination was rationally based and accordingly not subject to judicial disturbance (see Matter of McFarland v New York State Div. of Human Rights, 241 AD2d 108, 111-112 [1998]). There was no showing that the complained-of conduct was racially motivated.

We have reviewed petitioner’s remaining arguments and find them unavailing. Concur—Buckley, P.J., Saxe, Nardelli, Gonzalez and Catterson, JJ.

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29 A.D.3d 364, 813 N.Y.S.2d 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malone-v-new-york-city-commission-on-human-rights-nyappdiv-2006.

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