Opinion
CA 01-02600
June 14, 2002.
Appeals from an order of Supreme Court, Erie County (Sedita, Jr., J.) entered October 3, 2001, which, inter alia, annulled the determination of respondent New York State Division of Human Rights.
MORGAN, LEWIS BOCKIUS LLP, NEW YORK (CHRISTOPHER P. REYNOLDS OF COUNSEL), FOR RESPONDENT-APPELLANT AMERICAN AIRLINES.
GINE M. LOPEZ, BRONX (THELMA JOY B. RODRIGUEZ OF COUNSEL), FOR RESPONDENT-APPELLANT NEW YORK STATE DIVISION OF HUMAN RIGHTS.
PRESENT: GREEN, J.P., HAYES, HURLBUTT, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.
Memorandum:
Supreme Court erred in annulling the determination of respondent New York State Division of Human Rights (Division) in this proceeding brought pursuant to Executive Law § 298 and in remitting the matter to the Division for further investigation. Where, as here, "a determination of no probable cause is rendered [by the Division] without holding a public hearing pursuant to Executive Law § 297 (4) (a), the appropriate standard of review is whether the determination was arbitrary and capricious or lacking a rational basis" ( Matter of McFarland v. New York State Div. of Human Rights, 241 A.D.2d 108, 111; see also Matter of Hone v. New York State Div. of Human Rights, 223 A.D.2d 761, 762). Upon our review of the record, we conclude that the Division properly investigated petitioner's complaint ( see generally 9 NYCRR 465.6) and provided petitioner with a full and fair opportunity to present evidence on his behalf and to rebut the evidence presented by respondent American Airlines ( see e.g. Matter of Murphy v. Russell Sage Coll., 134 A.D.2d 716, 717; Matter of Chirgotis v. Mobil Oil Corp., 128 A.D.2d 400, 402-403, lv denied 69 N.Y.2d 612, rearg denied 70 N.Y.2d 748; see also Lee v. New York State Human Rights Appeal Bd., 111 A.D.2d 748, 749, lv denied 66 N.Y.2d 606).