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Board of Education of Yonkers Public Schools v. New York State Division of Human Rights

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 9, 2009

IN THE MATTER OF BOARD OF EDUCATION OF YONKERS PUBLIC SCHOOLS, PETITIONER,
v.
NEW YORK STATE DIVISION OF HUMAN RIGHTS, ET AL., RESPONDENTS.

Proceeding, inter alia, pursuant to Executive Law § 298 to review a determination of the Commissioner of the New York State Division of Human Rights dated March 30, 2007, which adopted the recommendation of an administrative law judge, made after a hearing, finding, inter alia, that the petitioner Board of Education of the Yonkers Public Schools discriminated against the complainant in violation of the Human Rights Law (Executive Law § 296[16]).

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.

REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, PLUMMER E. LOTT, JJ.

(Index No. 9754/07)

DECISION & JUDGMENT

ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner's contention, there is substantial evidence in the record to support the determination under review (see Matter of Lieberman v City of New York, 52 AD3d 719; Sheriff's Dept. v State Div. of Human Rights, 129 AD2d 789).

The petitioner's remaining contentions are without merit.

RIVERA, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

20090609

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