Opinion
2003-05054, 2003-07033.
Decided June 1, 2004.
In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Division of Human Rights dated November 22, 2002, which dismissed the petitioner's complaint upon a finding of no probable cause to believe that the respondent Board of Education of the City of New York unlawfully discriminated against the petitioner on the basis of his race and gender, the petitioner appeals from (1) an order and judgment (one paper) of the Supreme Court, Kings County (Knipel, J.), dated April 23, 2003, which granted the cross motion of the respondent Board of Education of the City of New York to deny the petition, and, in effect, dismissed the proceeding, and (2) an order of the same court dated June 24, 2003, which denied the petitioner's motion for leave to reargue.
Kenneth Bellamy, Long Island City, N.Y., appellant pro se.
Gina M. Lopez Summa, Bronx, N.Y. (Thelma Joy B. Rodriguez of counsel), for respondent New York State Division of Human rights.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner, Larry A. Sonnenshein, and Shivani Soni of counsel), for respondent Board of Education of City of New York.
Before: MYRIAM J. ALTMAN, J.P., HOWARD MILLER, GLORIA GOLDSTEIN, PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the appeal from the order dated June 24, 2003, is dismissed, as no appeal lies from an order denying reargument; and it is further,
ORDERED that the order and judgment is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the respondents.
The Supreme Court properly concluded that the determination of no probable cause made by the respondent New York State Division of Human Rights (hereinafter the Division) was not arbitrary and capricious ( see Matter of Bazile v. Acinapura, 225 A.D.2d 764, 765; Matter of Sidoti v. New York State Div. of Human Rights, 212 A.D.2d 537). Contrary to the petitioner's contention, the fact that the Division's determination rested in part on alleged hearsay statements does not warrant reversal ( see Matter of Butler v. Nassau County Civ. Serv. Commn., 175 A.D.2d 159).
ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.