Matter of Anthony Ramirez v New York State Division of Human Rights

Matter of Ramirez v New York State Div. of Human Rights 2005 NY Slip Op 01275 [4 NY3d 789] February 22, 2005 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 25, 2005

[*1] In the Matter of Anthony Ramirez, Respondent,
v
New York State Division of Human Rights, Appellant, and Aladdin Laminating, Inc., Respondent.

Decided February 22, 2005

Matter of Ramirez v New York State Div. of Human Rights, 5 AD3d 235, reversed.

APPEARANCES OF COUNSEL

Michael K. Swirsky, Bronx, and Gina M. Lopez Summa for appellant.

J.L. Engram & Associates, Bronx (Jimmie Engram of counsel), for Anthony Ramirez, respondent.

Gary John Dmoch & Associates, Flushing (Gary J. Dmoch of counsel), for Aladdin Laminating, Inc., respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court dismissing the petition reinstated.

Documents that were part of the administrative record, and are part of the appeal before us, specifically detail conferences between the Division and petitioner, and demonstrate that a meaningful investigation of petitioner's complaint occurred. Based on that investigation, the Division's finding of no probable cause was not arbitrary, capricious or lacking a rational basis (see Washington Sq. Inst. for Psychotherapy & Mental Health v New York State Human Rights Appeal Bd., 67 NY2d 699, 701 [1986]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.