Rabinovici v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

The principal question presented is whether the State has waived its sovereign immunity with regard to a claim alleging that the State Division of Human Rights (Division) and the Human Rights Appeal Board (Appeal Board) violated claimant’s constitutional rights during a proceeding to redress violations of section 296 of the Executive Law.

After an evidentiary hearing, the Division rendered a decision dismissing the complaint. That determination was affirmed by the Appeal Board and subsequently confirmed by the Appellate Division, First Department…