State Division of Human Rights v. Sorrento Cheese Co.

Determination unanimously annulled, on the law, without costs, and petition granted to the extent of remitting the matter to the State Division of Human Rights for further proceedings on the complaint. Memorandum: In this proceeding pursuant to Executive Law § 298, petitioner seeks to annul the determination of the New York State Division of Human Rights that there is no probable cause to believe that respondent unlawfully discriminated against him on the basis of his arrest record.

Petitioner filed an application for employment by respondent. The application inquired whether petitioner had…