Opinion
Decided February 22, 2005.
APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered March 18, 2004. The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, New York County (Herman Cahn, J.), entered in a proceeding pursuant to CPLR article 78, which had dismissed the petition to annul respondent's determination that there was no probable cause to believe that petitioner's former employer unlawfully discriminated against him, (2) granted the petition, (3) annulled respondent's determination, and (4) remitted the matter for further investigation.
Matter of Ramirez v. New York State Div. of Human Rights, 5 AD3d 235, reversed.
Michael K. Swirsky, Bronx, and Gina M. Lopez Summa for appellant.
J.L. Engram Associates, Bronx ( Jimmie Engram of counsel), for Anthony Ramirez, respondent.
Gary John Dmoch Associates, Flushing ( Gary J. Dmoch of counsel), for Aladdin Laminating, Inc., respondent.
Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court dismissing the petition reinstated.
Documents that were part of the administrative record, and are part of the appeal before us, specifically detail conferences between the Division and petitioner, and demonstrate that a meaningful investigation of petitioner's complaint occurred. Based on that investigation, the Division's finding of no probable cause was not arbitrary, capricious or lacking a rational basis ( see Washington Sq. Inst. for Psychotherapy Mental Health v. New York State Human Rights Appeal Bd., 67 NY2d 699, 701).
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order reversed, etc.