Opinion
February 18, 1999
Respondent Division's finding that there was no probable cause to support further action upon petitioner's complaint was rationally based (see, CPLR 7803; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231; Matter of McFarland v. New York State Div. of Human Rights, 241 A.D.2d 108, 111). Petitioner's unsubstantiated allegations that his employer discriminated against him by reason of his race were insufficient to satisfy his burden of showing probable cause for his complaint (see, Matter of McFarland v. New York State Div. of Human Rights, 241 A.D.2d, supra, at 112) and, in any event, were refuted by evidence obtained by respondent Division in the course of investigating the complaint.
Concur — Sullivan, J. P., Ellerin, Lerner and Rubin, JJ.