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KIM v. NEW YORK STATE DIV. OF HUMAN RIGHTS

10290, 103788/11.

107 A.D.3d 434 (2013)

967 N.Y.S.2d 49

2013 NY Slip Op 4103

JUSTINA KIM, Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent, and D.E. SHAW & Co., L.P., Respondent.

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

Decided June 6, 2013.

DHR's determination that there was no probable cause to find that DESCO engaged in unlawful discrimination against petitioner was rational and not arbitrary and capricious (see CPLR 7803 [3]). The record demonstrates that petitioner had a full and fair opportunity to present her case and that DHR's investigation was neither abbreviated nor one-sided (see Matter of Block v Gatling, 84 A.D.3d 445 [1st Dept 2011], lv denied...

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