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MATTER OF NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES v. STATE DIVISION OF HUMAN RIGHTS

284 A.D.2d 536 (2001)

727 N.Y.S.2d 328

In the Matter of NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Petitioner, v. STATE DIVISION OF HUMAN RIGHTS, Respondent. NEW YORK STATE DEPARTMENT OF AUDIT AND CONTROL et al., Necessary Parties under Executive Law § 298.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 25, 2001.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

"[W]here a rational basis for an agency finding of discrimination is found, the judicial function is exhausted" (Matter of Manhattan & Bronx Surface Tr. Operating Auth. v New York State Executive Dept., 220 A.D.2d 668). In the instant matter, the complainant stated a prima facie case of discrimination, shifting the...

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