FLINKER v. MacArthur Foundation, Third-Party in Interest-Respondent. (1999)

Determination of respondent New York State Division of Human Rights dated October 19, 1998, which dismissed petitioner's complaint of discrimination in housing on the basis of age, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [James Yates, J.], entered January 22, 1999) dismissed, without costs.

Petitioner did not establish a prima facie case of age discrimination (see, Bockino v. Metro. Transp. Auth., 224 A.D.2d 471, 472, 638 N.Y.S.2d 137, lv. denied 88 N.Y.2d 805, 646 N.Y.S.2d 985, 670 N.E.2d 226).   To the extent that his claims are based on perceived wrongs not within the remedial ambit of Executive Law § 296, respondent agency was without jurisdiction to afford petitioner relief (see, State Office of Drug Abuse Servs. v. State Human Rights Appeal Bd., 48 N.Y.2d 276, 285, n. 4, 422 N.Y.S.2d 647, 397 N.E.2d 1314).   We have considered petitioner's remaining arguments and find them unavailing.

MEMORANDUM DECISION.