Sahni v. Foster

Decision Date07 December 2016
Citation2016 N.Y. Slip Op. 08240,145 A.D.3d 733,42 N.Y.S.3d 343
Parties In the Matter of Jasbrinder S. SAHNI, appellant, v. Helen Diane FOSTER, etc., et al., respondents.
CourtNew York Supreme Court — Appellate Division

145 A.D.3d 733
42 N.Y.S.3d 343
2016 N.Y. Slip Op. 08240

In the Matter of Jasbrinder S. SAHNI, appellant,
v.
Helen Diane FOSTER, etc., et al., respondents.

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

Dec. 7, 2016.


42 N.Y.S.3d 344

Jasbrinder S. Sahni, White Plains, NY, appellant pro se.

Jackson Lewis, P.C., White Plains, NY (Robert J. Guidotti and Thomas P. McDonough of counsel), for respondent Legal Services of the Hudson Valley.

REINALDO E. RIVERA, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, and ROBERT J. MILLER, JJ.

145 A.D.3d 733

In a proceeding, inter alia, pursuant to CPLR article 78 to review a determination of the New York State Division of Human Rights dated November 1, 2013, dismissing the petitioner's administrative complaint upon a finding that there was no probable cause to believe that the respondent Legal Services of the Hudson Valley engaged in unlawful discriminatory practices against him, and a determination of the New York State Division of Human Rights dated November 22, 2013, denying his request to review the determination dated November 1, 2013, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Warhit, J.), dated July 7, 2014, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

The petitioner was employed as an attorney handling mortgage foreclosures in the White Plains office of the respondent Legal Services of the Hudson Valley (hereinafter LSHV). In December 2011, he was transferred to LSHV's Mount Vernon office, and in April 2012, he was suspended without pay for seven days. In May 2013,

42 N.Y.S.3d 345

the petitioner filed an administrative complaint with the New York State Division of Human Rights (hereinafter the DHR) against LSHV, alleging that he was a 46–year–old male of Indian national origin, and that the circumstances of his transfer and suspension were discriminatory in that they were based on his age, race or color, and

145 A.D.3d 734

national origin. In...

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9 cases
  • People v. Cobb
    • United States
    • New York Supreme Court — Appellate Division
    • 7 Diciembre 2016
  • Horowitz v. Foster
    • United States
    • New York Supreme Court — Appellate Division
    • 13 Febrero 2020
    ...review is whether the probable cause determination was arbitrary and capricious or lacking a rational basis" ( Matter of Sahni v. Foster , 145 A.D.3d 733, 734, 42 N.Y.S.3d 343 ). "The [NYSDHR] has broad discretion to determine the method to be employed in investigating complaints, and its d......
  • Meyer v. Foster
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Octubre 2020
    ...(see 9 NYCRR 465.6 ; Matter of Lewis v. New York State Div. of Human Rights, 163 A.D.3d 818, 81 N.Y.S.3d 485 ; Matter of Sahni v. Foster, 145 A.D.3d 733, 734, 42 N.Y.S.3d 343 ; Matter of Cappuccia v. New York State Div. of Human Rights, 140 A.D.3d 750, 751, 30 N.Y.S.3d 892 ; Matter of Vora ......
  • Meyer v. Foster
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Octubre 2020
    ...(see 9 NYCRR 465.6 ; Matter of Lewis v. New York State Div. of Human Rights, 163 A.D.3d 818, 81 N.Y.S.3d 485 ; Matter of Sahni v. Foster, 145 A.D.3d 733, 734, 42 N.Y.S.3d 343 ; Matter of Cappuccia v. New York State Div. of Human Rights, 140 A.D.3d 750, 751, 30 N.Y.S.3d 892 ; Matter of Vora ......
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