Opinion
July 12, 1985
Present — Callahan, J.P., Boomer, Green, Pine and Schnepp, JJ.
Determination unanimously annulled, on the law, without costs, and petition granted to the extent of remitting the matter to the State Division of Human Rights for further proceedings on this complaint, in accordance with the following memorandum: The Division's failure to conduct a confrontation conference or otherwise address the issues raised by petitioner's response to the field investigation report renders the determination of no probable cause capricious ( see, State Div. of Human Rights v Gaylord Bros., 112 A.D.2d 726; State Div. of Human Rights v American Can Co., 112 A.D.2d 776; Bachman v. State Div. of Human Rights, 104 A.D.2d 111, 115; Matter of Gregory v. New York State Human Rights Appeal Bd., 64 A.D.2d 775, 776).