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Gaskin v. Westbourne Associates

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 26, 2009

CAROLYN R. GASKIN, PETITIONER-APPELLANT,
v.
WESTBOURNE ASSOCIATES, L.P. RESPONDENT-RESPONDENT,
NEW YORK STATE HUMAN RIGHTS COMMISSION, RESPONDENT.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered February 13, 2008, which dismissed the petition seeking to annul the determination of the New York State Division of Human Rights, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Andrias, Nardelli, Buckley, DeGrasse, JJ.

406954/07

The petition challenging the Division's finding that there was no probable cause to support her claims that respondent Westbourne Associates, L.P. engaged in unlawful discriminatory practices related to housing based on petitioner's race/color, creed or sex (see Executive Law § 296 [5][a][2]) was properly dismissed for failure to allege facts sufficient to show that the Division's determination was arbitrary and capricious (see McFarland v New York State Division of Human Rights, 241 AD2d 108 [1998]).

Petitioner's remaining arguments are unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090226

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