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Masserman v. N.Y. State Div. of Human Rights

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1988
138 A.D.2d 464 (N.Y. App. Div. 1988)

Opinion

March 14, 1988

Appeal from the Supreme Court, Westchester County (Marbach, J.).


Ordered that the order and judgment is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the petitioner's contention, the division's investigation was not abbreviated or one-sided, and she was given a full opportunity to submit evidence in support of the claim of sex discrimination. Therefore, the resulting record before the division did afford a reasonable basis for an administrative determination of this claim (see, Matter of Verderber v Roechling Steel, 110 A.D.2d 705; Matter of Friel v. McCall, 109 A.D.2d 741). Further, it cannot be said that the division's finding of no probable cause with regard to the petitioner's sex discrimination claim was unsupported by substantial evidence (see, Matter of Verderber v. Roechling Steel, supra; Matter of Friel v. McCall, supra).

In addition, there is no evidence in the record to support the petitioner's claim that the division violated lawful procedure (see, Executive Law § 297; Matter of State Univ. v. State Human Rights Appeal Bd., 93 A.D.2d 742; cf., Matter of Young v Board of Educ., 100 A.D.2d 515).

We have considered the petitioner's other contentions and find them to be without merit. Mangano, J.P., Lawrence, Spatt and Balletta, JJ., concur.


Summaries of

Masserman v. N.Y. State Div. of Human Rights

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1988
138 A.D.2d 464 (N.Y. App. Div. 1988)
Case details for

Masserman v. N.Y. State Div. of Human Rights

Case Details

Full title:WENDY J. MASSERMAN, Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 14, 1988

Citations

138 A.D.2d 464 (N.Y. App. Div. 1988)

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