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MATTER OF ALLEN v. NEW YORK STATE DIV. OF HUMAN RIGHTS

110 A.D.2d 897 (1985)

In the Matter of Frank E. Allen, Petitioner, v. New York State Division of Human Rights et al., Respondents

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

April 29, 1985

Determination confirmed and proceeding dismissed, without costs or disbursements.

The division's finding of no probable cause "cannot be considered to have been devoid of a rational basis, the touchstone of arbitrary and capricious agency action" (State Off. of Drug Abuse Servs. v State Human Rights Appeal Bd., 48 N.Y.2d 276, 284). Thus, the determination is upheld.

We have considered petitioner's other arguments...

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