Legal Opinion

Shea v. McCall

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1985Published

1Opinion of the CourtKane, J.

Proceeding initiated in this court pursuant to Executive Law § 298 to review determinations of the State Division of Human Rights, dated August 9, 1983, which dismissed petitioner’s complaints of unlawful discriminatory practice based on sex and retaliation.

A review of the record reveals that the State Division of Human Rights’ determinations of no probable cause and dismissal of the complaints were not arbitrary or capricious, as petitioner failed to produce evidence to support her assertions. Accordingly, the determinations must be confirmed (see, Matter of Gentili v State Div. of Human…

2Cases cited2 opinions

  1. Piekielniak v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1982
  2. Gentili v. State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 1984

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