Matter of Allen v Division of Human Rights
2011 NY Slip Op 02065 [82 AD3d 585]
March 22, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


In the Matter of Ronnie Allen, Appellant,
v
Division of Human Rights et al., Respondents, and MTA New York City Transit, Respondent.

—[*1] Law Offices of Stewart Lee Karlin, P.C., New York (Stewart Lee Karlin of counsel), for appellant.

Martin B. Schnabel, Brooklyn (Mariel A. Tanne of counsel), for respondent.

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered July 10, 2009, denying the petition and dismissing this CPLR article 78 proceeding to annul the determination of the New York State Division of Human Rights, dated December 4, 2008, unanimously affirmed, without costs.

The challenged determination that there existed no probable cause to believe that respondent New York City Transit Authority had engaged in age and/or national origin discrimination was rationally based and therefore not subject to judicial disturbance (see Gaskin v Westbourne Assoc., L.P., 59 AD3d 362 [2009]; Matter of Malone v New York City Commn. on Human Rights, 29 AD3d 364 [2006]; Matter of McFarland v New York State Div. of Human Rights, 241 AD2d 108 [1998]). Concur—Tom, J.P., Andrias, Sweeny, Moskowitz and Renwick, JJ.