Bailey v. New York State Division of Human Rights

OPINION OF THE COURT

Peter H. Moulton, J.

In this CPLR article 78 proceeding, petitioner Anneli Bailey *757seeks to annul a determination of respondent New York State Division of Human Rights (DHR), dated August 10, 2011, finding that there was no probable cause to support petitioner’s claim that respondent Libeco Lagae, Inc. engaged in unlawful employment discrimination based on sex. Libeco cross-moved for dismissal of the proceeding, and the DHR answered, also seeking dismissal. The DHR submitted the administrative record and, in its answer, states that, because petitioner and Libeco “are the…