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MATTER OF OROSZ v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

2010-06599

88 A.D.3d 798 (2011)

930 N.Y.S.2d 288

2011 NY Slip Op 7224

In the Matter of MARGARET J. OROSZ, Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent, and LAWLESS & MANGIONE ARCHITECTS ENGINEERS, LLP, Respondent.

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

Decided October 11, 2011.

Ordered that the judgment is affirmed, with costs.

The petitioner argues that the Supreme Court applied the incorrect "substantial evidence" standard rather than the "arbitrary and capricious" standard. Since a hearing pursuant to Executive Law § 297 (4) (a) was not conducted, the appropriate standard of review to be applied to the determination of the New York State Division of Human Rights (hereinafter the Division) is whether the determination is without a...

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