Opinion
06-09-2017
In the Matter of Neal J. GOLDWATER, Petitioner–Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, First Niagara Financial Group, Inc., and First Niagara Risk Management, Inc., Respondents–Respondents.
Law Office of Lindy Korn, PLLC, Buffalo (Charles L. Miller, II, of Counsel), for petitioner-appellant. Hodgson Russ LLP, Buffalo (Joshua Feinstein of Counsel), for respondents-respondents First Niagara Financial Group, Inc., and First Niagara Risk Management, Inc.
Law Office of Lindy Korn, PLLC, Buffalo (Charles L. Miller, II, of Counsel), for petitioner-appellant.
Hodgson Russ LLP, Buffalo (Joshua Feinstein of Counsel), for respondents-respondents First Niagara Financial Group, Inc., and First Niagara Risk Management, Inc.
MEMORANDUM:
Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination of respondent New York State Division of Human Rights (Division) that there was no probable cause to support petitioner's allegations that respondents First Niagara Financial Group, Inc. and First Niagara Risk Management, Inc. (First Niagara respondents) discriminated against him on the basis of age and sex and that his termination was the result of unlawful retaliation. Contrary to petitioner's contention, the Division's determination is supported by a rational basis and is not arbitrary and capricious (see Matter of Witkowich v. New York State Div. of Human Rights, 56 A.D.3d 1170, 1170, 866 N.Y.S.2d 907, lv. denied 12 N.Y.3d 702, 876 N.Y.S.2d 349, 904 N.E.2d 504 ; cf. Matter of Mambretti v. New York State Div. of Human Rights, 129 A.D.3d 1696, 1696–1697, 12 N.Y.S.3d 692, lv. denied 26 N.Y.3d 909, 2015 WL 6181976 ). Upon our review of the record, we conclude that " ‘the Division properly investigated petitioner's complaint ... and provided petitioner with a full and fair opportunity to present evidence on his behalf and to rebut the evidence presented by’ " the First Niagara respondents (Witkowich, 56 A.D.3d at 1170, 866 N.Y.S.2d 907 ).It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
WHALEN, P.J., SMITH, CARNI, CURRAN, and SCUDDER, JJ., concur.