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

2017-09499. Index No. 9061/15.

197 A.D.3d 1110 (2021)

150 N.Y.S.3d 604

2021 NY Slip Op 04912

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

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

Decided September 1, 2021.

Attorney(s) appearing for the Case

David Ackerman, Brooklyn, NY, appellant pro se.

Caroline J. Downey , Bronx, NY ( Aaron M. Woskoff of counsel), for respondent New York State Division of Human Rights.

Mastro, J.P., Duffy, Brathwaite Nelson and Dowling, JJ., concur.

Ordered that the judgment is affirmed, with costs.

Where, as in this case, the respondent New York State Division of Human Rights (hereinafter the DHR) renders a determination of no probable cause without holding a hearing, the proper standard of review is whether the determination was arbitrary and capricious or lacked a rational basis (see Matter of Pastor v Partnership for Children's Rights, 159 A.D.3d 910, 911 [2018]...

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