Frederique v. Great Neck Public School UFSD No. 7

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Initially, we note that the Supreme Court should have decided the instant proceeding on the merits and erred in transferring it to this court (see, Executive Law § 298). However, this court will resolve the matter in the interest of judicial economy.

A review of the record demonstrates that the determination of the New York State Division of Human Rights was the product of a thorough investigation of the petitioner’s complaint that he was suffering employment…