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

100699/18. Appeal No. 12163. Case No. 2019-5430.

187 A.D.3d 622 (2020)

133 N.Y.S.3d 21

2020 NY Slip Op 06038

In the Matter of Karen Stephens, Appellant, v. New York State Division of Human Rights, et al., Respondents.

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

Decided October 22, 2020.

DHR's determination of no probable cause to find that HRA engaged in disability discrimination against petitioner was rationally based in the record and not arbitrary and capricious (see Matter of McFarland v New York State Div. of Human Rights, 241 A.D.2d 108, 111 [1st Dept 1998]). Petitioner describes her traumatic brain injury condition as an "invisible" or "hidden" disability, meaning that the "symptoms are invisible" and "not...

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