GASKIN v. New York State Human Rights Commission, Respondent. (2009)

Supreme Court, Appellate Division, First Department, New York.

Carolyn R. GASKIN, Petitioner-Appellant, v. WESTBOURNE ASSOCIATES, L.P., Respondent-Respondent, New York State Human Rights Commission, Respondent.

Decided: February 26, 2009

TOM, J.P., ANDRIAS, NARDELLI, BUCKLEY, DeGRASSE, JJ.

Carolyn R. Gaskin, appellant pro se. Kellner Herlihy Getty & Friedman, LLP, New York (Jeanne-Marie Williams of counsel), for respondent.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered February 13, 2008, which dismissed the petition seeking to annul the determination of the New York State Division of Human Rights, unanimously affirmed, without costs.

The petition challenging the Division's finding that there was no probable cause to support her claims that respondent Westbourne Associates, L.P. engaged in unlawful discriminatory practices related to housing based on petitioner's race/color, creed or sex (see Executive Law § 296[5][a][2] ) was properly dismissed for failure to allege facts sufficient to show that the Division's determination was arbitrary and capricious (see McFarland v. New York State Division of Human Rights, 241 A.D.2d 108, 671 N.Y.S.2d 461 [1998] ).

Petitioner's remaining arguments are unavailing.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law