Albert v. Beth Israel Medical Center

I believe the *698matter was properly remanded for further proceedings on the ground that the record, in its present form, failed to provide the hearing court with sufficient information to allow it to make an informed decision as to whether the respondent Division’s determination was supported by substantial evidence (see, Flinker v State Div. of Human Rights, 123 AD2d 578). Fifteen documents petitioner submitted to the Division in response to the employer’s defense were neither found in the Division’s files nor mentioned in its investigative report or determination letter. In addition, relevant…