Lopez v. New York State Division of Human Rights

In a proceeding pursuant to Executive Law § 298 to review a determination of the New York State Division of Human Rights dated March 11, 2010, which dismissed the petitioner’s administrative complaint, upon a finding that there was no

Ordered that the judgment is affirmed, without costs or disbursements.

Where, as here, the New York State Division of Human Rights (hereinafter the NYSDHR) renders a determination of no probable cause without holding a hearing, the appropriate standard of review is whether the probable cause determination was arbitrary and capricious or lacking a rational basis (see Matter of Ramirez v New York State Div. of Human Rights, 4 NY3d 789 , 790 [2005]; Matter of Vora v New York State Div. of Human Rights, 103 AD3d 739 , 739 [2013]; Matter of Orosz v New York State Div. of Human Rights, 88 AD3d 798 [2011]). As the NYSDHR’s probable cause determination was not arbitrary and capricious or lacking a rational basis in the record, the Supreme Court properly denied the petition and dismissed the proceeding (see Matter of Knight v New York State Div. of Human Rights, 118 AD3d 791 [2014]).

Dickerson, J.P, Leventhal, Sgroi and LaSalle, JJ., concur.