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ANTONECCHIA v. NEW YORK STATE DIVISON OF HUMAN RIGHTS

15 A.D.3d 151 (2005)

788 N.Y.S.2d 598

JOSEPHINE ANTONECCHIA, Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent, and EMIGRANT SAVINGS BANK et al., Respondents.

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

February 1, 2005.

The determination had a rational basis in the administrative record and was not arbitrary and capricious, and thus is not subject to judicial disturbance (see Matter of McFarland v New York State Div. of Human Rights, 241 A.D.2d 108, 111-112 [1998]). There was evidence before the agency to support the conclusion that the bank's selection of a younger female to assume petitioner's responsibilities was not premised on an impermissible...

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