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MATTER OF McGUIRK v. NEW YORK STATE DIV. OF HUMAN RIGHTS

100809/14, 978A, 978.

139 A.D.3d 570 (2016)

30 N.Y.S.3d 561

2016 NY Slip Op 03987

In the Matter of MICHELLE LYNN McGUIRK, Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents, et al., Respondents.

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

Decided May 19, 2016.

The determination of the Division of Human Rights dismissing petitioner's complaint, following an administrative hearing, is supported by substantial evidence (Matter of State Div. of Human Rights [Granelle], 70 N.Y.2d 100, 106 [1987]). Petitioner failed to meet her prima facie burden of establishing discrimination by a preponderance of the evidence, as she did not demonstrate that her termination from her employment occurred under...

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