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Stern v. N.Y. Com'n

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 2007
38 A.D.3d 302 (N.Y. App. Div. 2007)

Opinion

No. 485.

March 13, 2007.

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered January 6, 2006, which denied the petition and dismissed the proceeding brought to set aside a determination of the Human Rights Commission, dated July 1, 2005, finding that there was no probable cause for petitioner's complaint, unanimously affirmed, without costs.

Frank Stern, New York, appellant pro se.

Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent.

Before: Mazzarelli, J.P., Marlow, Buckley, Sweeny and Kavanagh, JJ.


It is within the discretion of the respondent to decide how to conduct its investigations ( see Matter of Cornelius v New York State Div. of Human Rights, 286 AD2d 329), and we find that it conducted a sufficient investigation and provided petitioner with a full and fair opportunity to present his claim. Petitioner nonetheless failed to set forth evidence to support a finding of probable cause for his complaint alleging discrimination by reason of his sexual orientation. Contrary to petitioner's contention, the Department of Finance and its former chief administrative law judge were not necessary parties to this proceeding challenging respondent Commission's finding of no probable cause.


Summaries of

Stern v. N.Y. Com'n

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 2007
38 A.D.3d 302 (N.Y. App. Div. 2007)
Case details for

Stern v. N.Y. Com'n

Case Details

Full title:FRANK STERN, Appellant, v. NEW YORK CITY COMMISSION ON HUMAN RIGHTS…

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

Date published: Mar 13, 2007

Citations

38 A.D.3d 302 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1982
830 N.Y.S.2d 655

Citing Cases

Simmons v. City of N.Y.

Also, the Commission has broad discretion "to decide how to conduct its investigations." (Stern v New York…

Block v. Gatling, 2010 NY Slip Op 50294(U) (N.Y. Sup. Ct. 2/18/2010)

The Commission "has broad discretion in determining the method to be employed in investigating a claim" (In…