IN RE: TARRIN JONES

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

IN RE: TARRIN JONES, PETITIONER, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS AND THE FENTON GRILL, RESPONDENTS.

TP 14–00653

Decided: November 21, 2014

PRESENT:  SCUDDER, P.J., FAHEY, CARNI, LINDLEY, AND VALENTINO, JJ. LAW OFFICE OF LINDY KORN, PLLC, BUFFALO (LINDY KORN OF COUNSEL), FOR PETITIONER.

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