FERRER v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

4410, 106174/09.

82 A.D.3d 431 (2011)

918 N.Y.S.2d 405

ELOISA O. FERRER, Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Defendant, and WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER, LLP, Respondent.

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

Decided March 3, 2011.


Petitioner contends that DHR's determination was arbitrary and capricious in that DHR failed to investigate and consider petitioner's claim that she was subjected to a hostile work environment by the law firm. However, this claim was not reasonably discernable from the complaint petitioner filed with DHR. A claim not raised before an administrative agency may not be raised for the first time in a CPLR article 78 proceeding (see Matter of Johnson v New York State Tax Commn...

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