IN RE: Randy K. Pajooh (2011)

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Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered June 26, 2009, which denied the petition to annul the determination of respondent New York State Division of Human Rights (DHR), dated October 4, 2007, finding no probable cause to believe that respondent New York City Department of Sanitation had engaged in unlawful discriminatory practices against petitioner, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The challenged no probable cause determination was rationally based and not arbitrary and capricious (see Matter of McFarland v New York State Div. of Human Rights, 241 A.D.2d 108, 111-113 [1998] ).   DHR has broad discretion in determining the method to be employed in investigating a claim, and the record shows that the investigation in this case was not “abbreviated or one-sided” (Matter of Pascual v New York State Div. of Human Rights, 37 AD3d 215, 216 [2007];  see also McFarland, 241 A.D.2d at 111-113).

We have considered petitioner's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK