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MOZAFFARI v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

63 A.D.3d 643 (2009)

881 N.Y.S.2d 437

MAHMOUD MOZAFFARI, Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent, and PATRICIA SCHATZ, Intervenor-Respondent. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Cross Petitioner, v. MAHMOUD MOZAFFARI, Cross Respondent, and PATRICIA SCHATZ, Cross Intervenor-Respondent.

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

Decided June 30, 2009.

As the person designated by the Commissioner to issue the final order in this case on her behalf, adjudication counsel was under no obligation to issue a proposed order (see 9 NYCRR 465.17 [c] [3]). DHR issued a modified version of the administrative law judge's (ALJ) recommended order, rejecting some of the ALJ's legal conclusions but relying on the facts found by the ALJ. Nor did adjudication counsel participate in "ex parte" communications. He wrote to Schatz's...

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