Matter of Ghemawat v. Div. of Human Rights

Full title: In the Matter of MAHIPAL GHEMAWAT, Appellant, v. NEW YORK STATE DIVISION…

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

Date published: Jun 16, 1997

240 A.D.2d 577 (N.Y. App. Div. 1997)

659 N.Y.S.2d 793

Opinion

June 16, 1997

Appeal from the Supreme Court, Suffolk County (Oshrin, J.).

Ordered that the judgment is affirmed, with costs.

The determination of the New York State Division of Human Rights was not arbitrary or capricious ( see, Executive Law § 298; Matter of State Div. of Human Rights v. Oneida County Sheriff's Dept., 70 N.Y.2d 974, 976-977; Matter of Patel v. New York State Div. of Human Rights, 212 A.D.2d 715). Contrary to Ghemawat's contention, he had a full and fair opportunity to be heard. As evidenced by the voluminous record, Ghemawat had ample opportunity to submit his contentions and evidence ( see, Matter of Chirgotis v. Mobil Oil Corp., 128 A.D.2d 400, 403), and had further opportunity to present his case during a two-party conference that was held as part of the investigation.

Joy, J.P., Goldstein, Florio and McGinity, JJ., concur.