Marinoff v. State Human Rights Appeal Board

Appellate Division of the Supreme Court of New York

Marinoff v. State Human Rights Appeal Board

64 A.D.2d 978, 408 N.Y.S.2d 807, 1978 N.Y. App. Div. LEXIS 12951

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

DecidedSeptember 25, 1978

StatusPublished

Cited by1 cases

This text of 64 A.D.2d 978 (Marinoff v. State Human Rights Appeal Board) 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

Marinoff v. State Human Rights Appeal Board, 64 A.D.2d 978, 408 N.Y.S.2d 807, 1978 N.Y. App. Div. LEXIS 12951 (N.Y. Ct. App. 1978).

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Opinion

Proceeding pursuant to section 298 of the Executive Law to review an order of the New York State Human Rights Appeal Board, dated July 18, 1977, which affirmed an order of the State Division of Human Rights, which dismissed petitioner’s complaint after an investigative finding of no probable cause to believe that the Syosset Central School District terminated petitioner’s employment in retaliation for a prior complaint that petitioner had filed against the school district alleging discrimination. Order confirmed and petition dismissed on the merits, without costs or disbursements. The record establishes that petitioner’s employment was terminated for budgetary reasons. Petitioner offered no evidence to the contrary, nor is there any indication in the record that he was denied the opportunity to do so. Therefore, the State Division of Human Rights did not abuse its discretion when it dismissed petitioner’s complaint for lack of probable cause. Hopkins, J. P., Martuscello, Rabin and Margett, JJ., concur.

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Proceeding pursuant to section 298 of the Executive Law to review an order of the New York State Human Rights Appeal Board, dated July 18, 1977, which affirmed an order of the State Division of Human Rights, which dismissed petitioner’s complaint after an investigative finding of no probable cause to believe that the Syosset Central School District terminated petitioner’s employment in retaliation for a prior complaint that petitioner had filed against the school district alleging discrimination. Order confirmed and petition dismissed on the merits, without costs or disbursements. The record establishes that petitioner’s employment was terminated for budgetary reasons. Petitioner offered no evidence to the contrary, nor is there any indication in the record that he was denied the opportunity to do so. Therefore, the State Division of Human Rights did not abuse its discretion when it dismissed petitioner’s complaint for lack of probable cause. Hopkins, J. P., Martuscello, Rabin and Margett, JJ., concur.

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Bluebook (online)

64 A.D.2d 978, 408 N.Y.S.2d 807, 1978 N.Y. App. Div. LEXIS 12951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marinoff-v-state-human-rights-appeal-board-nyappdiv-1978.

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