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JUSTINA KIM, pet-ap, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, res, D. E. SHAW & CO., L.P., res-res

10290. JUSTINA KIM, pet-ap, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, res, D. E. SHAW & CO., L.P., res-res — JUSTINA KIM, APPELLANT PRO SE. Jones Day, New York (Terri L. Chase of counsel), for D. E. Shaw & Co., L.P., res — Judgment, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 16, 2011, denying the petition to annul the determination of respondent New York State Division of Human Rights (DHR), dated January 28, 2011, which dismissed petitioner's complaint against respondent D.E. Shaw & Co., L.P. (DESCO), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

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10290. JUSTINA KIM, pet-ap, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, res, D. E. SHAW & CO., L.P., res-res — JUSTINA KIM, APPELLANT PRO SE. Jones Day, New York (Terri L. Chase of counsel), for D. E. Shaw & Co., L.P., res — Judgment, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 16, 2011, denying the petition to annul the determination of respondent New York State Division of Human Rights (DHR), dated January 28, 2011, which dismissed petitioner’s complaint against respondent D.E. Shaw & Co., L.P. (DESCO), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

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 AD3d 445 [1st Dept 2011], lv denied 17 NY3d 709 [2011]).

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