Wednesday, September 14, 2016

Judicial review under the New York Human Rights Law.

Practice point:  Under the statute, the scope of judicial review is extremely narrow and is confined to the consideration of whether the New York State Division of Human Rights' determination is supported by substantial evidence in the record.  Substantial evidence is such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact.  While it is more than seeming or imaginary, it is less than a preponderance of the evidence, overwhelming evidence, or evidence beyond a reasonable doubt.

Student note:  A court may not weigh the evidence or reject agency's determination where the evidence is conflicting and there is room for choice.

Case:  Matter of Briggs v. New York State Div. of Human Rights, NY Slip Op 05860 (2d Dep't August 24, 2016)

Here is the decision.

Tomorrow's issue:  A late notice of claim is deemed timely served.