State Division of Human Rights v. Winston A. Burnett Construction Co.

Determination unanimously confirmed, without costs. Memorandum: The determination of the Division of Human Rights dismissing petitioner’s complaint for lack of probable cause has a reasonable basis in the record of the Division’s investigation and was, therefore, property affirmed by the Appeal Board (Matter of Jeanpierre v. Arbury, 4 N Y 2d 238; Matter of Prather v. State Comm. for Human Rights, 35 A D 2d 817). Upon that record it was reasonable for the Commissioner to find that the only position of a supervisory nature which respondents had available was filled on May 28, 1971 before…