Legal Opinion
Ferrer v. New York State Division of Human Rights
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 2011PublishedCited by 11 opinions
1Opinion of the Court
Petitioner contends that DHR’s determination was arbitrary and capricious in that DHR failed to investigate and consider petitioner’s claim that she was subjected to a hostile work environment by the law firm. However, this claim was not reasonably discernable from the complaint petitioner filed with DHR. A claim not raised before an administrative agency may not be raised for the first time in a CPLR article 78 proceeding (see Matter of Johnson v New York State Tax Commn., 117 AD2d 867, 868 [1986]; Matter of Seitelman v Lavine, 36 NY2d 165, 170 [1975]).
Moreover, the specific conduct alleged…
2Cases cited4 opinions
- Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
- Father Belle Community Center v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 1996
- Seitelman v. LavineNew York Court of Appeals · 1975
- Johnson v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by11 opinions
- Silvis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Pawson v. RossAppellate Division of the Supreme Court of the State of New York · 2016
- Kouri v. Eataly NY LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Kouri v. Eataly NY LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Chin v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2013
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