Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: TARRIN JONES, PETITIONER, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS AND THE FENTON GRILL, RESPONDENTS.
MEMORANDUM AND ORDER
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Chautauqua County [Deborah A. Chimes, J.], entered December 6, 2013) to review a determination of respondent New York State Division of Human Rights. The determination dismissed petitioner's complaint alleging unlawful discrimination.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
We conclude that the determination is supported by substantial evidence (see generally Granelle, 70 N.Y.2d at 106). Petitioner failed to meet her burden with respect to her claim for a hostile work environment inasmuch as she failed to demonstrate that she was the subject of unwelcome sexual harassment (see generally Vitale v. Rosina Food Prods., 283 A.D.2d 141, 142; Pace v. Ogden Servs. Corp., 257 A.D.2d 101, 103). Petitioner also failed to establish a prima facie case with respect to her claim based on quid pro quo harassment (see generally Matter of Father Belle Commmunity Ctr. v New York State Div. of Human Rights, 221 A.D.2d 44, 49–50, lv denied 89 N.Y.2d 809), or with respect to her claim for retaliation (see generally Matter of Lyons v New York State Div. of Human Rights, 79 AD3d 1826, 1827, lv denied 17 NY3d 707).
Frances E. Cafarell
Clerk of the Court
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.
Docket No: TP 14–00653
Decided: November 21, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)